lease

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City of Port Colborne

November 19, 201519 November 2015

The Ombudsman reviewed a closed meeting held by council for the City of Port Colborne that relied on the acquisition or disposition of land exception to discuss a local business that wished to lease land from the municipality. Council discussed ongoing negotiations with the business and whether or not to lease the land. The Ombudsman found that the acquisition or disposition of land exception applies to the disposition of land through a lease. Therefore, the discussion fit within the acquisition or disposition of land exception.

City of Port Colborne

November 19, 201519 November 2015

The Ombudsman reviewed a closed meeting held by council for the City of Port Colborne to discuss various ongoing land sales and an ongoing lease negotiation for municipally-owned property. The Ombudsman found that the discussions fit within the acquisition or disposition of land exception as the land involved was municipally owned and a lease constitutes a property interest in land.

City of Niagara Falls

March 05, 201505 March 2015

The Ombudsman reviewed a closed meeting held by council for the City of Niagara Falls that relied on the exception for solicitor-client privilege to discuss a lease proposal from Marineland for municipal property. During the meeting, council discussed legal advice received from the municipality’s solicitor with respect to the lease. The Ombudsman found that the discussion fit within the exception for solicitor-client privilege.

Township of Russell

August 08, 201408 August 2014

The Ombudsman reviewed a closed meeting held by council for the Township of Russell to discuss a lease proposal related to the municipality’s fire hall. Although not relied upon by the municipality, the Ombudsman found that the discussion fit within the acquisition or disposition of land exception since a lease is a form of property right.

Town of Ajax

March 28, 201428 March 2014

The Ombudsman reviewed a closed meeting held by the General Government Committee for the Town of Ajax to discuss an encroachment on a municipal road allowance. The meeting was closed under the acquisition or disposition of land exception. The committee discussed the disposition of a road allowance and the potential risks or repercussions of selling or leasing the land. The fact that the committee discussed the same matter in open session at an earlier meeting does not mean that the closed session was prohibited. The purpose of the closed meeting was to establish a position on how to dispose of the property in question. The Ombudsman found that the committee’s discussion fit within the acquisition or disposition of land exception.

Town of Orangeville

January 24, 201424 January 2014

The Ombudsman reviewed a closed meeting held by council for the Town of Orangeville that relied on the acquisition or disposition of land exception to discuss the terms of a lease agreement. The owner of the property was present during the meeting. The Ombudsman found that the presence of the owner of the property that the municipality was seeking to acquire disqualified the discussion from fitting within the acquisition or disposition of land exception. The primary purpose of the exception is to protect the municipality’s bargaining position in property negotiations. The presence of the property owner during the discussion defeats this purpose.

Town of Orangeville

January 24, 201424 January 2014

The Ombudsman reviewed a closed meeting held by council for the Town of Orangeville that relied on the litigation or potential litigation exception to discuss the terms of a lease agreement. The owner of the property was present during the meeting. There was a very real likelihood of litigation if the lease negotiations failed. However, the Ombudsman found that the presence of the owner of the property that the municipality was seeking to acquire disqualified the discussion from fitting within the litigation or potential litigation exception.

Town of Halton Hills (Acton BIA)

September 17, 201317 September 2013

The Ombudsman reviewed a closed meeting held by the board for the Acton Business Improvement Area (BIA) to discuss leasing new office space. Although not relied on by the BIA, the Ombudsman found that since the discussion was about a pending lease and the terms of the lease that were open for negotiation, the discussion fit within the acquisition or disposition of land exception.

City of Niagara Falls (Niagara District Airport Commission)

February 22, 201322 February 2013

The Ombudsman reviewed a closed meeting held by the Niagara District Airport Commission that relied on the exception for solicitor-client privilege to discuss a request for proposals process. The Ombudsman found that the purpose of the meeting was not to discuss legal advice; rather, the commission discussed the status of draft lease agreements. The commission’s solicitor was not present during the meeting. The Ombudsman found that the discussion did not fit within the exception for solicitor-client privilege.

City of St. Catharines (Niagara District Airport Commission)

February 22, 201322 February 2013

The Ombudsman reviewed a closed meeting held by the Niagara District Airport Commission that relied on the exception for solicitor-client privilege to discuss a request for proposals process. The Ombudsman found that the purpose of the meeting was not to discuss legal advice; rather, the commission discussed the status of draft lease agreements. The commission’s solicitor was not present during the meeting. The Ombudsman found that the discussion did not fit within the exception for solicitor-client privilege.