Council approval for a floating sauna project for a North East lake has some residents steaming over what they believe could be a breach of governance rules.
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Beechworth resident Kerry Bromage has lodged an official complaint with Indigo Shire Council questioning whether a motion tabled to approve the Lake Sambell project at the March 26 council meeting contravened regulations.
Indigo Community Voice spokeswoman Christine Stewart said she believed "ignoring" the initial recommendation to reject the project application was in breach of the council's own rules.
Indigo mayor Sophie Price said deputy mayor Bernard Gaffney, who moved a motion at the meeting to approve the project before the initial motion was debated, did nothing to breach any governance rules.
Cr Gaffney rejected claims that the matter "wasn't on the council meeting agenda" and said that he had just put a motion forward to be debated. He said there was a 28-day period for people to appeal the decision.
It is understood only those who made submissions to the permit application, and the applicants, have the right to contest the council decision.
"If they want to appeal the decision they can go to VCAT (Victorian Civil and Administrative Tribunal)," Cr Gaffney said.
"There is massive support for the sauna project from the community, the majority of people in the community support this."
The recommendation to reject the floating sauna proposal listed heritage concerns, commercialisation of the reserve and the sauna's lack of connection to services.
At the meeting, Cr Gaffney cited several reasons the project should go ahead, summing up by saying "this council should seek to be bold, not scared".
Mrs Bromage said she believed residents might have to take the matter to VCAT but she had doubts it would come to that.
"If we decided to do that, we would be taking the council to VCAT," she said. "Now this is where it gets tricky because council has funds set aside which come from ratepayers' money set aside for litigation for solicitors.
"So let's say they go, oh well, we can throw $10,000 at this to defend this and uphold our decision. There's not many residents in town that are in a position to spend that sort of money.
"I don't know of any that can go well, you know, I'll take a gamble on that I'll throw $10,000 out with my own solicitor - this is where it becomes really sticky."
Mrs Stewart said there had been "strong community concern" after the venture was approved.
"Why wasn't this new motion, put up by deputy mayor Bernie Gaffney, not in the council's agenda that night?" she said.
"The public had no opportunity to respond to it. Three councillors who voted for the sauna don't live in the town. Bernie Gaffney is right out of touch, he said such things as one extra chimney in the area doesn't matter.
"If he looked at the proposed sauna drawing it has two chimneys. The sauna is located close to shore and the lake walking track and therefore the smoke will have an impact on those passing by on windy days."
The venture has been the talk of the town since it was flagged in November, with Cr Gaffney saying it had "massive community support".
Before the council meeting, the project permit application received 14 submissions, 13 opposing the venture.
Beechworth businessman Michael Patterson and his business partner, Bright construction specialist Andrew Cairns, hope to have the project up and running by spring.