Liidlii Kue appeals housing project
Duplex in the hands of village development appeal board after excavation halted by suspected graves
April Hudson
Northern News Services
Thursday, December 10, 2015
LIIDLII KUE/FORT SIMPSON
Liidlii Kue First Nation has appealed the development of three duplexes on Lot 504 behind the Nahendeh building, a project championed by the Northwest Territories Housing Corporation and conditionally approved by Fort Simpson's village council.
Development appeal board chair Chuck Blyth works during a council meeting, Nov. 2. - April Hudson/NNSL photo
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The appeal was heard Dec. 6. The development appeal board has not yet released its decision and has 60 days to do so.
The project was initially put on hold in September after a sonar survey of the area detected four anomalies, which are assumed to be unmarked grave sites.
On Oct. 20, the housing corporation asked the village to renew its development permit for that location, telling council it intended to proceed with the development in a manner that would leave the suspected grave sites undisturbed.
Councillors approved the permit renewal, with the condition the housing corporation consult with Liidlii Kue First Nation first.
Consultation had not yet happened up until that
point.
Aside from that condition, the development permit states that should an appeal be made, the permit is rendered null and void.
One week later, Liidlii Kue First Nation Chief Gerald Antoine wrote a letter to the housing corporation advising it the First Nation was not in support of the development. Antoine stated land disturbance occurred on the site prior to a required archaeological impact assessment, contravening the protection of the natural area and prior to the development permit being issued. The letter states this means the development may not be conforming to village bylaws.
He also took issue with the proposed setup of the duplexes, which he said could lead to conformance issues due to bylaws requiring a certain number of off-street parking spaces.
On Nov. 5, sub-chief Kele Antoine notified the village in writing of Liidlii Kue's intent to appeal.
Waterlines already installed
The housing corporation initially purchased the land from the village on Oct. 16, 2014, for $189,000, including GST, with the condition the village install waterlines within 60 days. That deadline was eventually extended due to frozen ground until this past June 30 and on July 2 the land was officially transferred to the housing corporation.
The waterlines were installed by Fort Simpson's public works staff and included two manholes, a fire hydrant, four sewer pipes and six water service pipes.
According to the corporation's original development permit, the site was expected to include six driveway accesses to the two-bedroom duplex buildings.
The estimated cost of the project was $1.25 million.
Ties to project not a conflict, councillor says
The village's development appeal board consists of Coun. Charles Blyth, Robert Norwegian, Gus Croatto and Judy Sabourin.
Blyth, who chairs the board, said his position on the board did not constitute a conflict of interest despite the fact his company completed the sonar survey that discovered the potential grave sites.
"Whether or not there are graves there is not the point. That's not the issue that's being adjudicated upon," Blyth said. "The board of appeal looks to see if a bylaw has been contravened - that's our role."
Village senior administrative officer Beth Jumbo confirmed that while questions were asked by the appellant and developer regarding the composition of the board, no objections were made - an assertion Blyth backed up.
"Everybody made their interests known. The appellant, development officer and developer all said they were OK with us," he said.
