CONTROVERSIAL Facebook posts by a part owner of the restaurant business at the Port Fairy wharf over the weekend, alleging the incompetence of a Moyne Shire Council staff member, prompted a statement by chief executive, Brett Davis, to refute the claims early Sunday morning.

The Wharf restaurant is operated by local brothers and chefs, Sean and Wayne Malady.

Wayne Malady took to Facebook on Sunday morning to make allegations that Council had caused the breakdown of negotiations over a lease agreement with Kermond’s Hamburgers of Warrnambool.

“My apologies to the Port Fairy community in that Kermond’s Hamburgers won’t be joining our team,” he said.

“A great potential relationship ruined by incompetence.”

Mr Malady, who is believed to be on holiday in South America signed off his first post by stating a subsequent email to the Moyne employee, would also be posted.

“Cheers from Cuba, Regards, Wayne,” he said.

Only last week, Mr Davis had stated Council were keen to have Kermond’s bring their enterprise to Port Fairy and were working to expedite lease arrangements at the wharf building.

Kermond’s Hamburgers is an iconic Warrnambool business that planned to open a takeaway business at the popular Port Fairy location.

However, Mr Davis said that the wharf building was on Crown Land, regulated by the Crown Land Act which meant there were several conditions within legislation relating to leasing and they all needed to be worked through.

Mr Davis’ statement on Sunday morning said that Council was aware of statements made on social media regarding business arrangements at The Wharf in Port Fairy.

“Council strongly refutes and rejects the accusations made about the conduct of our staff in this matter,” he said.

“All team members have worked solidly over the past week in an attempt to find a way forward allowable within the terms of the lease agreement.

“It is not a standard commercial tenancy and any changes to the signed agreement must be signed off by the Victorian Government.”

Mr Davis said that because the businesses announced their proposed arrangements publicly, without formal notification to Council, the team had been working hard to allow the proposed business arrangement to proceed.

He said that meant lengthy discussions with the Department of Land Water and Planning and both businesses, The Wharf restaurant in Port Fairy and Kermond’s Hamburgers, as well as seeking independently verified legal advice.

“On Friday this way forward was presented,” Mr Davis said.

“Council has since been informed the option presented may not be satisfactory to the leaseholder, however, it meets the requirements set out under the Crown Land Lease that has been signed by the tenant.

“Council requests that people respect other people's views and beliefs and consider your impact on others when making your contribution.

“We welcome debate and dissent, but personal attacks on any individual will not be tolerated.”

An excerpt from Mr Malady’s subsequent post alleged Council had wasted ratepayers’ money and Moyne staff time.

“I’ve unlike you been in business for 29 years, and I’m aware of my responsibilities as a lessee,” he said.

“I’ve (been) both, a lessee and a landlord, and I can honestly say that your professionalism is …some of the worst I’ve come across.

“You haven’t even had the courtesy to call in and introduce yourself, yet you claim (you’re) my Landlord.

“You have continued to make life grief for the past few months.

“Your motive I’m not sure, but I have a fair idea.”

Moyne Shire Council mayor, Ian Smith said he completely rejected the accusations that had been made about the conduct of Council staff.

He said he was completely supportive of Council staff and commended them on the hard work they had been doing to get the project over the line.

“It’s not an easy process,” Mr Smith said.

“The whole team, from Councillors, the leadership team and our assets and contracts team have been working around the clock.

 “They have been working tirelessly to get this sorted and they have my 100 per cent support. 

“I am completely supportive of Council staff in their efforts to move this matter forward and getting a good outcome for all parties involved.

 “We certainly haven’t ruled this proposal out and will continue to find a way forward that follows due process if that’s what the businesses involved want us to do.”