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Niagara Region is committed to managing its landfill sites in accordance with regulatory requirements and environmental protection best practices. In addition, Niagara Region is committed to undertaking landfill management activities in the spirit of collaboration and cooperation with the communities in which these facilities are located. These Terms of Reference establish the mechanism for such communication and collaboration with the respective communities for each landfill site.
The term "Landfill Site" shall include all activities that are conducted within the boundaries of the facility (e.g. composting facilities, leachate collection systems, filtrations systems, etc.)
2.1 - The mandate of the Public Liason Committee is to advise and assist Niagara Region with the identification and resolution of issues (including those raised by the community) related to the operation, monitoring and closure of the Humberstone Landfill Site located in the City of Welland in accordance with these Terms of Reference.
2.2 - The Public Liason Committee shall act as an advisor/assistant to Niagara Region Council. Pursuant to Clause 15.3.2 of Procedural By-law #120-2005 (as updated from time to time), these Terms of Reference do not give the Public Liason Committee the power to commit Niagara Region to any particular action or to give specific direction to any Niagara Region staff member without the approval of Council.
The primary purpose of the Public Liason Committee is to work in collaboration with and assist Niagara Region through the following:
4.1 - The Public Liaison Committee shall be composed of the following members:
4.2 - The Public Liaison Committee shall also include the following advisory members:
4.3 - Each member (except for advisory members) shall satisfy the following:
5.1 - The Committee's membership shall be approved by Council at the start of each new term of Council. The term of the Public Liason Committee members shall end with the term of Council and Niagara Region shall advertise for volunteers to serve on the Public Liason Committee for the new term.
5.2 - Notwithstanding clause 5.1, at the end of the current term of Council, the Public Liason Committee membership shall continue to serve until the new Niagara Region Council appoints the Public Liason Committee membership for the new term.
5.3 - At the end of the term of Council, members of the outgoing Public Liason Committee who are interested in continuing to serve shall submit a written request to the Public Liason Committee Coordinator for consideration by Niagara Region. Continuation of membership on the Public Liason Committee is not guaranteed. Membership will be based on the merits of each application in relation to all received, with Niagara Region Council retaining discretion for membership approval.
5.4 - In the event that a Committee member is to be replaced during the term of the Public Liason Committee, Niagara Region will advertise for potential replacement candidates and the new member will be nominated by Niagara Region staff, in collaboration with the Public Liaison Committee, in accordance with composition requirements as set out in clause 4.0
5.5 - In the event that the landfill site closes during the current tenure of the Public Liason Committee, the term of the Public Liason Committee may continue. The Public Liason Committee would then advise on post-closure monitoring and activity.
5.6 - Notwithstanding clause 5.5, results of the post-closure monitoring shall be made available to interested residents in the vicinity of the landfill site and members of the Public Liason Committee.
6.1 - The Chair shall be elected annually from and by the members of the Public Liaison Committee at the first meeting of each year. The term of the Chair shall be for one year.
6.2 - Nominations shall be received from the membership body. The nominated individuals will have the opportunity to accept or decline the nomination. Members will be allowed to vote for the individuals who accept the nomination. The person receiving the largest number of votes shall be elected for the respective position.
The role of the Chair is as follows:
8.1 - Niagara Region staff will coordinate the activities and business of the Public Liason Committee including meetings and be the primary resource to the Public Liason Committee. The primary role of the Public Liason Committee Coordinator shall be to:
9.1 - The Public Liaison Committee shall have an annual budget to be used for the retention of consultants. The Committee shall submit a budget request each year to Niagara Region for the consideration and approval of Niagara Region. The maximum funding available in any calendar year is $6,000.00 unless approval from Regional Council for additional funding is obtained.
9.2 - The Public Liason Committee may hire the consultant of their choice, provided they stay within their budget and the services provided are within the mandate of the committee and provided that the procedure for retention of consultant shall adhere to Niagara Region’s Procurement By-law as amended from time to time.
9.3 - There shall be no compensation payable to the members of the Committee.
10.1 - During the operating life of the landfill site, the Public Liason Committee will meet quarterly each year; however, additional meetings may be scheduled if the Public Liason Committee Chair and Public Liason Committee Coordinator agree it is warranted.
10.2 -Following closure of the landfill site, the Public Liason Committee will cease to exist except in cases where post closure Public Liason Committee meetings are specified by the respective landfill site Certificate of Approval.
10.3 - In cases where the Public Liason Committee would continue during post closure as specified by the conditions of the Certificate of Approval, meetings will be held annually; however additional meetings may be scheduled if the Public Liason Committee Chair and Public Liason Committee Coordinator agree it is warranted.
10.4 - Notwithstanding Clause 10.2, the Public Liason Committee Coordinator may arrange meetings with one or more of the former Public Liason Committee members if such meetings are deemed necessary by Niagara Region.
10.5 - The meeting schedule will be established through collaboration of the Public Liason Committee Coordinator and the Public Liason Committee members and adopted by the Public Liason Committee for one year.
10.6 - The Public Liason Committee meetings will be held on Wednesday from 7 to 9 p.m. at locations agreeable to the Public Liason Committee, and shall not exceed two hours. Wednesdays offer the least potential for conflict with Regional and Area Municipal Council Meetings. Meetings may be held earlier in the day if so decided by the Public Liason Committee.
10.7 - Niagara Region may also schedule one meeting each year for the Chairs or designated representatives from each of the Public Liason Committees and the Chair of WMAC to meet for collaborative purposes.
11.1 - Quorum of a Committee shall be a majority of its members. The Chair may reduce the ordinary quorum, but such a quorum shall not be less than three members including the Chair
11.2 - As soon as there is quorum after the time set for the meeting, the Chair shall call the meeting to order.
11.3 - If a quorum is still not present within thirty minutes after the time set for the meeting, then the names of the members present shall be recorded and the meeting shall be adjourned until the date of the next meeting
11.4 - If a quorum is lost during a meeting and is not regained within fifteen minutes, the meeting shall be adjourned until the date of the next meeting.
11.5 - The Public Liason Committee may decide to replace a member if that member misses two consecutive meetings. The decision to replace the member shall be based on a majority vote of current Public Liason Committee members. In such case, Niagara Region shall replace the member in accordance with clause 5.4.
12.1 - Niagara Region staff will prepare committee meeting agendas in collaboration with the Public Liason Committee Chair. When possible, agendas and related documents will be forwarded to each member at least ten business days prior to the meeting. At the meeting, the Chair may grant requests for discussion of items not on the agenda.
12.2 - Discussion of agenda items shall recognize the two-hour duration set for Public Liason Committee meetings.
12.3 - Meetings will be open to the public. A maximum of ten minutes of each meeting shall be allocated to presentations from members of the public on each agenda item.
12.4 - Consultants may be asked to attend Committee meetings at the discretion of Niagara Region’s Director of Waste Management and/or the Public Liason Committee Coordinator.
12.5 - Members are allowed to make motions in an advisory capacity for consideration by Niagara Region. Motions cannot be passed if a quorum is not achieved.
12.6 - The Public Liason Committee Coordinator shall keep members informed of any pending submissions to the Ministry of the Environment related to the design, operation and closure of the landfill site. The submissions will be provided to the Ministry of the Environment and Public Liason Committee concurrently whenever possible.
12.7 - Upon review of a pending submission to the Ministry of the Environment, if the Public Liason Committee feels that the submission is lacking information, the Public Liason Committee members shall express such concerns to the Public Liason Committee Coordinator. Any correspondence with the Ministry of the Environment shall be submitted by the Public Liason Committee Chair and include the Niagara Region on the distribution.
12.8 - The Public Liason Committee may also choose to retain a consultant as outlined in clause 9.0 to assist with its review of information provided by Niagara Region. All correspondence to any agency prepared by the consultant or a Public Liason Committee member shall include the Niagara Region on the distribution.
12.9 - Members shall disclose to the Public Liason Committee any direct or indirect pecuniary conflicts of interest related to agenda items prior to discussion of such items.
12.10 - Discussions will be based on the principle that everyone has a right to express his or her opinion. Motions will generally be on a consensus basis. If consensus cannot be achieved then motions will be made by a vote of 50% plus one.
12.11 - In the event that a member is absent from a meeting and does not agree with the advice or recommendations from the meeting, his/her dissent may be registered in person or by proxy with another member at the following meeting.
12.12 - All follow-up required as a result of the discussions at Public Liason Committee meetings shall be undertaken through the Public Liason Committee Coordinator who shall respond to the Public Liason Committee members within fourteen days of the meeting.
12.13 - Meeting notes shall be recorded by a secretary designated by the Public Liason Committee Coordinator or by a senior staff member present. Meeting notes shall be taken in accordance with Section 7.1 of By-law 120-2005, as amended from time to time. The meeting notes shall be submitted by the Public Liason Committee Coordinator to the Public Liason Committee members for review no later than three weeks following the meeting.
12.14 - In order to facilitate timely submission of the Public Liason Committee meeting notes to Niagara Regional Council, all Public Liason Committee meeting notes shall be approved via e-mail or facsimile within two weeks of finalizing the meeting notes. Members shall advise staff in advance (within two weeks of receiving the meeting notes) of any amendments which they believe are required to the meeting notes.
12.15 - Following approval of the meeting notes via email, staff will forward the meeting notes to the Planning and Public Works Committee and/or Waste Management Planning Steering Committee to be received for information.
12.16 - Once received by the Waste Management Planning Steering Committee and Planning and Public Works Committee meeting notes will be posted on Niagara Region’s website.
12.17 - The Public Liason Committee Coordinator shall continue to liaise with members of the Public Liason Committee between regular meetings, as deemed necessary.
12.18 - One member of the Public Liason Committee (other than a Regional or Area Municipal Councillor), as selected by the Public Liason Committee, may be requested to attend one or more Planning and Public Works Committee and/or Waste Management Planning Steering Committee meetings on an as-required basis if so requested by the Public Liason Committee Coordinator.
12.19 - One public member of the Public Liason Committee (other than a Regional or Area Municipal Councillor), as selected by the Public Liason Committee may be requested to attend a meeting (to be arranged by the Public Liason Committee Coordinator) with the representatives of the other Public Liason Committees and Waste Management Advisory Committee once a year to facilitate collaboration amongst the Public Liason Committees.
12.20 - In cases where the landfill site Certificate of Approval requires that the Public Liason Committee continue during the post closure period, and a "Stewardship Committee" is established by Niagara Region for the specific landfill site, one member of the Public Liason Committee, as selected by the Public Liason Committee, may be requested to sit on the "Stewardship Committee".
Proposals to amend the Terms of Reference shall require the approval by a majority of the Committee members present. Proposed amendments to the Terms of Reference shall be submitted to Council through the Public Works and Utilities Committee for approval and shall take effect only upon the approval of Council.