Humberstone Landfill Site Terms of Reference

1.0 General

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.)

2.0 Mandate

2.1 - The mandate of the Public Liaison 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 Liaison Committee shall act as an advisor/assistant to Niagara Region Council. Pursuant to Clause 15.3.2 of Procedural By-law #120-2010 (as updated from time to time), these Terms of Reference do not give the Public Liaison 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.

3.0 Purpose

The primary purpose of the Public Liaison Committee is to work in collaboration with and assist Niagara Region through the following:

Serve as the focal point for the collection, review and exchange of information to facilitate Niagara Region's efforts to continuously improve its landfill site operations, maintenance and monitoring
Provide a means for ongoing, public input into Niagara Region activities related to the operations and use of the Humberstone Landfill Site
Assist the Region in identifying any impacts of the Humberstone Landfill Site on the surrounding community
Provide input to the development of measures to mitigate these impacts
Examine and comment on site designs, operations, maintenance, monitoring programs, potential environmental issues,Â closure and end use plans
Examine and advise on landfill site issues brought forward by members of the general community, including businesses, residents, institutions, area municipalities and local organizations
Building a strong liaison with the Ministry and the Niagara Region in order that public is kept up-to-date on procedures, policy and plan developments and revisions
Provide comments on materials to be distributed to the public when appropriate.

4.0 Composition

4.1 - The Public Liaison Committee shall be composed of the following members:

A maximum of six members representing residents, institutions or businesses of the area surrounding the Humberstone Landfill Site
One Area Municipal Councillor from any ward within the municipality in which the landfill site is located. If the landfill site is adjacent to the boundary with a neighbouring municipality, then one additional Area Municipal Councillor from the neighbouring municipality may be appointed to the Public Liaison Committee
One Regional Councillor

4.2 - The Public Liaison Committee shall also include the following advisory members:

One staff member from the Niagara Region who shall be the designated Public Liaison Committee Coordinator;

In addition, other Niagara Region staff and representatives from the Ministry of the Environment, the Niagara Escarpment Commission (if the landfill site is located within the Niagara Escarpment Commission Planning Area) and other relevant agencies may attend meetings depending on need and the issues to be resolved
One representative from the Ministry of the Environment.

4.3 - Each member (except for advisory members) shall satisfy the following:

5.0 Term of the Public Liaison Committee

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 Liaison Committee members shall end with the term of Council and Niagara Region shall advertise for volunteers to serve on the Public Liaison Committee for the new term.

5.2 - Notwithstanding clause 5.1, at the end of the current term of Council, the Public Liaison Committee membership shall continue to serve until the new Niagara Region Council appoints the Public Liaison Committee membership for the new term.

5.3 - At the end of the term of Council, members of the outgoing Public Liaison Committee who are interested in continuing to serve shall submit a written request to the Public Liaison Committee Coordinator for consideration by Niagara Region. Continuation of membership on the Public Liaison 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 Liaison 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 Liaison Committee, the term of the Public Liaison Committee may continue. The Public Liaison 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 Liaison Committee.

6.0 - Election of Chair

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.

7.0 - Regional Niagara Staff Liaison and Support Services

The role of the Chair is as follows:

To preside over meetings of the Public Liaison Committee, in accordance with Niagara Region Procedural By-law #120-2010, as amended from time to time;
Encourage balanced and professional discussions
Enforce on all occasions the observance of order and decorum among members;
Adjourn meeting when business is concluded
In the absence of the Chair, one of the members of the Public Liaison Committee shall be designated as "Acting Chair" for that meeting and shall assume the role and rights of the Chair
The Chair shall be the primary contact for the Public Liaison Committee Coordinator for ongoing liaison, correspondence and solicitation of input from the Public Liaison Committee membership
The Chair or designated Public Liaison Committee members may be requested to attend one or more Planning and Public Works Committee and/or Waste Management Planning Steering Committee and/or Waste Management Advisory Committee meetings on an as-required basis
The Chair or designated Public Liaison Committee members may be requested to attend one or more Planning and Public Works Committee and/or Waste Management Planning Steering Committee and/or Waste Management Advisory Committee meetings on an as-required basis
The Chair may request the Public Liaison Committee Coordinator to schedule additional meetings as required
The Chair may provide the Public Liaison Committee Coordinator with assistance on creating the agenda

8.0 - Role of the Public Liaison Committee Coordinator

8.1 - Niagara Region staff will coordinate the activities and business of the Public Liaison Committee including meetings and be the primary resource to the Public Liaison Committee. The primary role of the Public Liaison Committee Coordinator shall be to:

Provide administrative and procedural direction, and/or independent technical assistance to the Public Liaison Committee
Coordinate requests for items to be included on the meeting agendas
Prepare and distribute the meeting agendas and related background information to the Public Liaison Committee membership ten days prior to proposed meeting
Co-ordinate the involvement of the outside agencies, as necessary
Prepare and forward Public Liaison Committee minutes to the Planning and Public Works Committee and/or Waste Management Planning Steering Committee for information purposes once approved by the Public Liaison Committee
Prepare an annual report on behalf of the Public Liaison Committee summarizing the year's activities of the Public Liaison Committee for submission to the Public Liaison Committee prior to submitting to Regional Council for information
On Public Liaison Committee related matters, act as the contact between the Public Liaison Committee, Niagara Region and the regulatory agencies
Keep Public Liaison Committee members informed prior to submissions to the Ministry of the Environment
Coordinate and follow-up on matters arising from meeting discussions
The Chair shall be the primary contact for the Public Liaison Committee Coordinator for ongoing liaison, correspondence and solicitation of input from the Public Liaison Committee membership
Advise the Chair on the observance of order and decorum among members; and
Provide the Public Liaison Committee with any proposed updated information that could affect these Terms of Reference (i.e. updates of the Procedural By-law 120-2010)

9.0 - Budget

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 Liaison 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.

10.0 - Meetings Schedule, Time & Location

10.1 - During the operating life of the landfill site, the Public Liaison Committee will meet quarterly each year; however, additional meetings may be scheduled if the Public Liaison Committee Chair and Public Liaison Committee Coordinator agree it is warranted.

10.2 -Following closure of the landfill site, the Public Liaison Committee will cease to exist except in cases where post closure Public Liaison Committee meetings are specified by the respective landfill site Certificate of Approval.

10.3 - In cases where the Public Liaison 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 Liaison Committee Chair and Public Liaison Committee Coordinator agree it is warranted.

10.4 - Notwithstanding Clause 10.2, the Public Liaison Committee Coordinator may arrange meetings with one or more of the former Public Liaison Committee members if such meetings are deemed necessary by Niagara Region.

10.5 - The meeting schedule will be established through collaboration of the Public Liaison Committee Coordinator and the Public Liaison Committee members and adopted by the Public Liaison Committee for one year.

10.6 - The Public Liaison Committee meetings will be held on Wednesday from 7 to 9 p.m. at locations agreeable to the Public Liaison 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 Liaison Committee.

10.7 - Niagara Region may also schedule one meeting each year for the Chairs or designated representatives from each of the Public Liaison Committees and the Chair of WMAC to meet for collaborative purposes.

11.0 - Agendas and Minutes

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 Liaison 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 Liaison Committee members. In such case, Niagara Region shall replace the member in accordance with clause 5.4.

12.0 - Conduct of Public Liaison Committee Business

12.1 - Niagara Region staff will prepare committee meeting agendas in collaboration with the Public Liaison 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 Liaison 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 Liaison 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 Liaison 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 Liaison Committee concurrently whenever possible.

12.7 - Upon review of a pending submission to the Ministry of the Environment, if the Public Liaison Committee feels that the submission is lacking information, the Public Liaison Committee members shall express such concerns to the Public Liaison Committee Coordinator. Any correspondence with the Ministry of the Environment shall be submitted by the Public Liaison Committee Chair and include the Niagara Region on the distribution.

12.8 - The Public Liaison 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 Liaison Committee member shall include the Niagara Region on the distribution.

12.9 - Members shall disclose to the Public Liaison 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 Liaison Committee meetings shall be undertaken through the Public Liaison Committee Coordinator who shall respond to the Public Liaison Committee members within fourteen days of the meeting.

12.13 - Meeting notes shall be recorded by a secretary designated by the Public Liaison Committee Coordinator or by a senior staff member present. Meeting notes shall be taken in accordance with Section 7.1 of By-law 120-2010, as amended from time to time. The meeting notes shall be submitted by the Public Liaison Committee Coordinator to the Public Liaison Committee members for review no later than three weeks following the meeting.

12.14 - In order to facilitate timely submission of the Public Liaison Committee meeting notes to Niagara Regional Council, all Public Liaison 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 Liaison Committee Coordinator shall continue to liaise with members of the Public Liaison Committee between regular meetings, as deemed necessary.

12.18 - One member of the Public Liaison Committee (other than a Regional or Area Municipal Councillor), as selected by the Public Liaison 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 Liaison Committee Coordinator.

12.19 - One public member of the Public Liaison Committee (other than a Regional or Area Municipal Councillor), as selected by the Public Liaison Committee may be requested to attend a meeting (to be arranged by the Public Liaison Committee Coordinator) with the representatives of the other Public Liaison Committees and Waste Management Advisory Committee once a year to facilitate collaboration amongst the Public Liaison Committees.

12.20 - In cases where the landfill site Certificate of Approval requires that the Public Liaison 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 Liaison Committee, as selected by the Public Liaison Committee, may be requested to sit on the "Stewardship Committee".

13.0 - Amendments to the Terms of Reference

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.