Terms of Reference
Name: Lindsay Ops Public Review Committee
Date Established by Council: 2002
Regular Review Timeframe: Annual
Date Committee Ends: No end date
The Public Review Committee (PRC) shall serve as a focal point for dissemination, consultation, review and exchange of information regarding the operation of the Lindsay-Ops Landfill Site, including environmental monitoring, maintenance, complaint resolution and new approvals or amendments to existing approvals related to the operation of the landfill site.
The PRC is a landfill citizens group made up of a group of individuals who commonly represent the broader public on issues dealing with landfills and waste management. The Environmental Assessment Board sees landfill groups as an important mechanism for assuring that the conditions of the landfill site’s Certificate of Approval are met.
The establishment of the PRC is set out in Condition 13 of the site Environmental Compliance Approval #A321504 as follows:
“The City shall forthwith take all reasonable steps to establish, maintain and participate in a landfill Public Review Committee (PRC), which is to function within terms of reference for the PRC, as prepared in consultation with interested members of the affected public and as amended from time to time according to appropriate amending procedures.”
Roles and Responsibilities:
It is the responsibility of all appointed members to comply with:
- the City Code of Conduct,
- the City Accountability and Transparency Policy
- the City Procedural By-law
- Other applicable City by-laws and policies
- Municipal Act
- Municipal Freedom of Information and Protection of Privacy Act
No individual member or the Committee as a whole has the authority to make direct representations of the City to Federal or Provincial Governments.
Members shall abide by the rules outlined within the Municipal Conflict of Interest Act and shall disclose the pecuniary interest to the Secretary and absent himself or herself from meetings for the duration of the discussion and voting (if any) with respect to that matter.
The Committee will abide by any terms and conditions which may be set out by the City’s Council, CAO, City Clerk, City Solicitor, Auditor and/or Insurer for any activities relating to Committee business.
Objective of the Committee:
- To provide a forum for the public to evaluate and participate in decisions respecting the general operation, environmental monitoring and complaint resolution for the Lindsay Ops Landfill Site.
- The open sharing between the City and members of the PRC of copies of all reports or other submissions required by the conditions of the Environmental Compliance Approval.
- To allow for the opportunity for public input with respect to their views regarding Lindsay Ops Landfill Site.
- To build a good working relationship between all involved.
The following represents the general activities of the Committee.
- To act in an advisory capacity to the City of Kawartha Lakes, it’s consultants and the Provincial Ministry of Environment and Climate Change.
- To review and provide advisory comment on reports and correspondence related to the Lindsay Ops Landfill Site, including but not limited to the leachate monitoring program, the groundwater monitoring program, surface water monitoring program and gas monitoring program.
- To review the annual monitoring reports.
- To review all complaints received for the landfill as well as action taken by the City to address the identified issue.
- To have opportunity to accompany City staff and/or its’ consultants on pre-scheduled site tours, inspections at the landfill site.
- To support and implement the objective of the PRC as part of the waste management planning for the Lindsay Ops Landfill Site.
- To provide input to the City on reports prepared by the City or its consultants, including but not limited to technical documents and reports on general operations, closure and end use.
- To encourage the public to be involved in waste management planning related to the Lindsay Ops Landfill Site and to assist new participants in understanding the PRC mission and objectives.
- To ensure City Council is apprised, via a report to Council, of any PRC recommendations.
- All members are to reside in the City of Kawartha Lakes (includes seasonal residents).
- The committee shall be comprised of a maximum of seven (7) members consisting of a minimum of three (3) members of the public and one (1) Council representative.
- Committee members will be appointed by Council in accordance with established policy.
- The Councillor appointed by the Council will be ex-officio on the Committee and have full authority to debate and vote.
The Committee shall, at its first meeting in each year, elect from its membership a Chair, and Vice-Chair. It is acknowledged that there are no per diems for any Committee positions and it is acknowledged that none of the above positions shall be paid for their services. All committee members are considered volunteer positions. Mileage costs and other minor expenses related to committee activities may be eligible for reimbursement subject to budget approvals by Council. Mileage shall be paid from the members residence located within the City of the Kawartha Lakes only. No attendance at conferences or workshops shall be allowed by a volunteer member unless clearly identified in the work plan/budget and approved by Council.
In the event there is a staff liaison appointed pursuant to Staff Appointment, that person shall serve as the Secretary or appoint another staff member to this role. Also, the Manager of Environmental Services or designate from the Public Works Department will be available to assist the Committee as outlined under “Resources” at meetings of the Committee.
Responsibilities of the Chair:
- Chair PRC meetings.
- Ensure Code of Conduct is followed at all times.
- Establish meeting agenda in collaboration with members and City staff.
- Review minutes prior to circulation.
- Mentor and update new PRC members on PRC mission and objectives.
Responsibilities of the Vice-Chair:
- Chair meetings in the Chair’s absence and act on behalf of the Chair as designated and as required.
Term of Appointment:
Unless exempted by legislation, members will be appointed to varying terms to a maximum of a three (3) year term. An equal number of appointees will be for a one (1) year term and two (2) year term with the balance appointed to a three (3) year term for the first appointees. Successive appointments will be for a three (3) year term to ensure knowledge succession and that there be no complete turnover of membership in any given year.
The Public Works, Waste Management Division will provide support in the form of
- Advice and technical knowledge.
- Prepare minutes of committee meetings and distribute.
- Distribute notices of meetings and agendas in collaboration with the Chair.
- Make physical arrangement for committee meetings.
- Maintain register of members.
- Review, file and forward as necessary all official committee correspondence.
- Refer PRC recommendations to the Director of Public Works for report to Council upon request of the committee.
- Provide updates on programs and promotional initiatives relating to the Lindsay Ops Landfill site.
- Provide guidance, review and send official documents and correspondence pertaining to the Lindsay Ops Landfill from the PRC as requested by the committee from time to time.
Meetings will be held on a set day and time as may be determined by the Committee or at the call of the Chair.
The Committee shall hold a minimum of ten (10) to a maximum of twelve (12) meetings in each calendar year. All PRC meetings are open to the public. The Chair shall cause notice of the meetings, including the agenda for the meetings, to be provided to members of the Committee a minimum of seven (7) business days prior to the date of each meeting. Quorum for meetings shall consist of a majority of the voting members of the Committee. No meeting shall proceed without quorum. The City will also advertise any meetings in which representatives from the Ministry of the Environment and Climate Change and the City’s Environmental Consultants are scheduled to appear.
Any member of the Committee, who misses three consecutive meetings, without being excused by the Committee, may be removed from the Committee in accordance with adopted policy.
Procedures for meetings of the Committee shall be governed by Procedural By-law and Legislation or, where both of these are silent, by Robert’s Rules of Order.
The PRC may develop working groups from time to time, to deal with specific issues related to the Lindsay Ops Landfill Site excluding general operations, staffing and confidential matters. The Chair is to provide notice of the working meetings to all members of the Committee a minimum of three (3) business days prior to the date of each meeting. No formal minutes are required to be taken at a working meeting however, notes shall be taken. Once a working group has submitted its report or finished its project, it may disband.
The Committee may, upon affirmative vote of the majority of its members present at a meeting, determine to hold any meeting or part of a meeting as a closed session in order to discuss sensitive personal issues or legal matters. If the Committee elects to hold a closed session, all persons not entitled to vote (with the exception of the staff liaison and visiting members of Council) shall vacate the premises where the meeting is taking place. Closed meetings can only be held in accordance with Section 239 of the Municipal Act. Prior to the commencement of closed session, a resolution shall be passed stating the general nature of the matter to be discussed and what section of the Municipal Act applies. The Committee shall maintain a record of the meeting which will be stored in the lead department. Formal minutes are not required for working meetings.
Agendas and Minutes:
A copy of the Agenda shall be provided to the Clerk’s office and will be posted on the City’s website, by the committee secretary, 7 days in advance of the meeting.
Minutes of all meetings of the Committee shall be forwarded to the City Clerk’s Office not later than two weeks after the meeting. Action items requested of staff and/or Council will be brought to the attention of the Public Works, Waste Management Division at that time. The City Clerk’s Office will maintain a set of printed minutes on file and posted on the City’s website for public review.
Two (2) written reports are required per year from the Committee, being the work plan and an annual report. If there are recommendations of the PRC that fall outside of these two reports, they are to be forwarded to Council in a formal written report on the City report template. It will be the responsibility of the Committee to identify those recommendations to the Public Works, Waste Management Division for final preparation of the report.
Location of Meetings:
The location of the meetings will be set by the Committee.
This Committee has no purchasing or procurement responsibilities.
Expulsion of Member:
The Committee may recommend to Council the expulsion of a member or Council may remove a member for reasons as listed, but not limited to, the member being in contravention of the Municipal Act, the Municipal Freedom of Information and Protection of Privacy Act, the Provincial Offences Act, the Municipal Conflict of Interest Act; disrupting the work of the Committee or other legal issues. The process for expulsion of a member is outlined with Policy Number 028 CAO 002.
Terms of Reference:
Any responsibilities not clearly identified within these Terms of Reference shall be the responsibility of the City of Kawartha Lakes. Council may, at its discretion, change the Terms of Reference for this Committee at any time. Any changes proposed to these Terms of Reference by the Committee shall be recommended to Council via the Director through a report to the appropriate Committee of Council.