SPECIAL MEETING OF COUNCIL
TUESDAY, 31 MAY 1994 AT 6.04PM
1. Trigg Island Restaurant - Lease, Construction, Opening, Operation and Related Matters
MINUTES OF THE SPECIAL MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBER, CIVIC PLACE, STIRLING ON TUESDAY 31 MAY 1994 AT 6.04PM.
PRESENT: Mayor Councillor A.A. Spagnolo JP
Deputy Mayor Councillor V.A. Cooke
Councillors D. Boothman, J.M. Camilleri JP, M.W. Carter, T.W. Clarey, J. Copley JP, R.J. Daniel, G. Maio, P.L. Rose JP, P.J.M. Scott, T.J. Tyzack, D.C. Vallelonga and R.M. Willox.
Officers: City Manager - G. Bray, Executive Manager Community Development - J. Glover, Executive Manager Finance & Corporate Services - R. Constantine, Manager City Building Operations - G. White and Administration Officer - C. Binks.
Legal Advisor Mr David Miller (Kott Gunning)
APOLOGIES
Councillor Burkett
It was moved Councillor Camilleri, seconded Councillor Carter that Councillor Burkett be granted leave of absence for this meeting of Council.
DECLARATIONS OF PECUNIARY INTEREST
Nil.
MINUTES OF SPECIAL COUNCIL MEETING OF 31 MAY 1994 (Cont.)
The City Manager reported having received correspondence from Mr C.E. Castensen, proprietor of Bluegum Pty Ltd trading as the Trigg Island Restaurant, which contained a proposal for payment of outstanding monies.
The correspondence as tabled at the meeting, which was faxed to Councillors the previous evening, is submitted as a separate attachment.
Moved Councillor Tyzack, seconded Councillor Willox
That Bluegum Pty Ltd be given 28 days to sign the lease for the Trigg Island Restaurant and clear all its debts to the City, failing which, Council officers be authorised to commence appropriate legal action against Bluegum Pty Ltd to recover all outstanding debts to the City or repossess the premises.
The motion was put and declared LOST.
A division was called resulting in the following:-
AGAINST FOR
D. Boothman J.M. Camilleri
M.W. Carter T.W. Clarey
J. Copley V.A. Cooke
G. Maio R.J. Daniel
P.L. Rose A.A. Spagnolo
P.J.M. Scott T.J. Tyzack
D.C. Vallelonga R.M. Willox
The motion was therefore declared LOST.
Prior to the above motion being put, Councillor Vallelonga had foreshadowed a motion which was now:-
Moved Councillor Vallelonga, seconded Councillor Copley
That, subject to Bluegum Pty Ltd waiving any claim for compensation against the City, it be given until 1 December 1994 to:-
1. Pay all outstanding rent.
2. Pay the $20,555 owing to the City for the capital works carried out on its behalf, with overdraft interest rates being applied to the outstanding balance.
The motion was put and declared LOST.
A division was called resulting in the following:-
AGAINST FOR
J.M. Camilleri D. Boothman
T.W. Clarey M.W. Carter
V.A. Cooke J. Copley
R.J. Daniel G. Maio
A.A. Spagnolo P.L. Rose
T.J. Tyzack P.J.M. Scott
R.M. Willox D.C. Vallelonga
The motion was therefore declared LOST.
Moved Councillor Scott, seconded Councillor Willox
1. That the Mayor, City Manager, Executive Manager Finance & Corporate Services and the City's legal advisor Mr David Miller be requested to meet with Mr Castensen of Bluegum Pty Ltd, with a view to discussing a more appropriate proposition for payment.
2. That a report on the outcome of the discussions be submitted to the next Ordinary Meeting of Council.
The motion was put and declared CARRIED
The Meeting closed at 7.20pm
SIGNED this day of 1994
_____________________________
MAYOR