A letter from Cattle Bay Marina spokesman Bob Carter has raised questions over a recent code of conduct matter in which both councillors Robyn Bain and Russell Fitzpatrick were investigated.
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The code of conduct investigation related to an application for changes to the Cattle Bay Marina DA heard by council in December 2016. Cr Bain was found to be in breach of the code of conduct, but in relation to Cr Fitzpatrick, councillors voted not to accept the findings.
Many of the findings by the independent investigator were predicated on the notion that Cattle Bay Marina and the Port of Eden Marina, for which Cr Bain’s husband Rob Bain is secretary, were in competition. This gave rise to the findings of a conflict of interest.
However, a letter to the editor from Mr Carter published last week states: “The developer of the Eden Marina at Cattle Bay has repeatedly stated they do not regard the Snug Cove marina as a competitor. The Eden Marina developer has no issue with a wave attenuator at Snug Cove, nor a marina at Snug Cove.”
The developers are lobbying for a government-funded attenuator. Mr Carter said the merits of a wave attenuator at both Snug Cove and Cattle Bay are strong and it is on this basis he says the two marinas are not in competition. However, the code of conduct investigator believed otherwise, citing nine clauses that Cr Bain breached. Four of those clauses relate directly to conflicts of interest – but if both organisations have stated they are not in competition, a question remains over whether a conflict of interest exists.
Crs Bain and Fitzpatrick are banned from talking about the code of conduct matter, but are believed to be furious that Mr Carter has now publicly stated the two organisations are not in competition after the investigation and findings against them.
Fairfax Media understands the cost of the investigation was about $20,000.
Cattle Bay Marina is taking council to the Land and Environment Court seeking changes to its DA.