Sand mine fight pushed back to Manitoba Municipal Board

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This article was published 21/06/2023 (1205 days ago), so information in it may no longer be current.

A failed development agreement vote will be appealed to the Manitoba Municipal Board, a lawyer for Sio Silica says, after one Springfield municipal councillor abstained Monday, citing threats against her.

The Calgary-based company is seeking to extract silica sand and build a processing plant at Vivian, in the rural municipality east of Winnipeg. The vote on the motion on the controversial development agreement was tied 2-2, with councillor Melinda Warren abstaining.

Warren said Tuesday she wasn’t available for an interview, but the threats had been reported to police.

“People are entitled to their opinion, but for people to make threats to council members is unacceptable,” said James Mercury, legal counsel for Sio Silica.

“We felt, ultimately, that the development agreement had the approval of three of five council members,” including Warren, he said Tuesday. “It was only the threats… which resulted in a two-two tie and the development agreement failed.”

Sio Silica has faced opposition from the RM of Springfield, residents throughout the region concerned about potential drinking water issues, as well as numerous delays.

Now, the company is asking the Manitoba Municipal Board to overturn the council’s dismissal of the development agreement, and for expedited appeal hearings “in light of the exceptional circumstances,” Mercury said.

In 2021, the quasi-judicial tribunal of provincial government appointees was granted the power to reverse municipal decisions on a variety of land-use complaints.

Last year, Springfield council rejected Sio Silica’s initial application for a zoning amendment to allow for a sand processing plant. The company appealed to the board, which overruled the council in October, and ordered the RM to amend its zoning and enter into a development agreement with Sio Silica.

At an emotionally fraught municipal council meeting and vote Monday, the doors were locked and Springfield police and RCMP were in attendance.

The heightened security followed a June 13 meeting, during which RCMP were called over disruptive behaviour. No arrests were made and no tickets were issued.

On Monday, close to 100 members of the public, as well as media, weren’t allowed inside the municipal building in Oakbank, after chief administrative officer Colleen Draper said some staff reported feeling unsafe.

Prior to voting against the separate zoning amendment (which passed 3-2) and development agreement motions, councillors Mark Miller and Andy Kuczynski met with the crowd and reporters.

They warned the agreement wasn’t properly vetted, and wanted more time for the public and experts to weigh in on potential risks to the local water supply.

On Tuesday, Miller said Sio Silica’s appeal to the municipal board, asking it to overturn council’s dismissal of the development agreement, requires public hearings to be held.

“We’re excited about that,” he said. “We believe this was the only strategy that allows for the public to be engaged and to provide input and insight, and for experts to be called to make this Sio development agreement with Springfield very thorough and responsible.

“I think this is a step forward.”

carol.sanders@freepress.mb.ca

Carol Sanders
Legislature reporter

Carol Sanders is a reporter at the Free Press legislature bureau. The former general assignment reporter and copy editor joined the paper in 1997. Read more about Carol.

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