A controversial car park development at Brighton-Le-Sands is set to go ahead after Rockdale councillors again approved a tender for it last night in front of a packed gallery.
Councillors voted nine to five against a rescission motion lodged by Greens councillor Lesa de Leau after a tender for the car park, and extension of the Brighton-Le-Sands boardwalk, was approved at a November 19 meeting.
Councillors Bill Saravinovski, Angelo Anestis, Peter Poulos, Jan Brennan, Shaoquett Moselmane, John La Mela, Judy Feeney, Joe Awada and John Flowers voted to reject the rescission motion.
Councillors Lesa de Leau, Liz Barlow, Michael Nagi, Shane O'Brien and James Macdonald were for the rescission motion.
Former Planning Minister Frank Sartor spoke at Monday night's meeting, saying the council had placed itself ''in a difficult legal position by approving a tender for a car park whose design requires an amended development approval''.
''In my entire public career I have never seen such unorthodox treatment of an important public issue,'' Mr Sartor said.
Residents, for and against the car park, exchanged heated words in the gallery.
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What led to the extraordinary meeting:
Monday night's extraordinary meeting was called after Greens councillor Lesa de Leau lodged a rescission motion when the council approved on November 19 a $6.2-million tender to Ford Civil Contracting Pty Ltd for the car park development, of which $4 million is for the extension of the Brighton-Le-Sands boardwalk.
NSW Minister for Lands Tony Kelly had asked for the item to be struck from the council's November 5 agenda to allow further community consultation.
Cr de Leau said some councillors received less than 24-hours notice that the matter was on the November 19 agenda and there "appeared to be suspicious haste in pushing it through''.
"Residents who attended a public meeting on November 3 overwhelming expressed the perception the car park directly benefited two restaurants,'' Cr de Leau said.
"The NSW Department of Local Government's model code of conduct requires councillors to consider the perception of influence in relation to their vote.''
Labor Councillor Shane O'Brien, who opposed the project, declared significant non-pecuniary interest because of his attendance at ALP fund-raisers at Le Sands Pavilion and Botany Bay Seafood Restaurant.
He was not present for the vote on November 19.
No other councillors declared pecuniary or non-pecuniary interests in the item.
Rockdale Mayor Bill Saravinovski said last week that suggestions the car park would benefit the Grand Roxy Reception Centre, Botany Bay Seafoods or Le Sands were "offensive'' and "absolute rubbish''.
"If we don't do this, I don't know where else we can provide parking,'' Cr Saravinovski said.
Le Sands owner Peter Antonopoulos, who was in the public gallery for the November 19 vote, said the restaurant committed $300,000 to the council's the Boulevarde car park fund and the council had done him "no favours''.
"We have nothing to do with that car park,'' Mr Antonopoulos said.
According to declarations made to the NSW Election Funding Authority between April 2004 and June 2008, two fund-raisers were held on September 4, 2007, and April 21, this year.
The Rockdale Council ALP group received $50,025 in net proceeds.
Labor councillors each received $10,105 of this.
Cr Saravinovski said both functions were held at the Grand Roxy Reception Centre, on The Grand Parade, which is beneath Botany Bay Seafood Restaurant.
He said he paid for a family christening celebration at Le Sands Restaurant in September.
A meeting with NSW Minister for Lands Tony Kelly, Rockdale MP Frank Sartor, Rockdale Mayor Bill Saravinovski, Rockdale Council general manager Chris Watson, Liberal councillor John Flowers and former federal MP for Watson, Leo McLeay, was held on November 12 to discuss the issue.
Mr McLeay, a NSW director of Enhance Corporate Group, was "engaged'' to advise on the council's Destinations project, for a pier and marina at Brighton-Le-Sands and the car park project.
Mr Kelly requested the carpark be raised by 1.5 metres, paving affecting the sand dunes be reduced by 700 square metres and the number of car spaces be limited to 100.
Changes will be amended by a section 96 amendment application. Cr Liz Barlow said the amendment which allows for public comment, should have been lodged before the tender was approved
A spokesman for Mr Kelly said a phone call was received from the Greek Orthodox Archdiocese concerned about "possible divisions within the local community on this issue''.
Spokesman for Greek Orthodox Archdiocese, Father Steven Scoutas, confirmed that the call was made to Mr Kelly. the Rockdale MP Sartor said there was a strong argument that control of Cook Park should be revoked from the council which was reinstated as trustee in 2007.
Brighton-Le-Sands resident Les Baker said surveys should have been done to establish usage of existing car parks at The Boulevarde and Coles.
Another resident Steve Kenny said he was held up for three quarters of an hour in an emergency situation because someone parked across his driveway.
"You cannot park outside your own house here,'' Mr Kenny said. "I want the problem fixed now not in 20 years time.''
What do you think of last night's decision?