Georges River councillors Vince Badalati and Con Hindi have raised concerns about the council's decision to vote in favour of demolishing the Carss Park pool.
Councillor Warren Tegg raised a notice of motion at last month's meeting to 'undertake the immediate demolition of the Kogarah War Memorial Pool complex upon receipt of the appropriate development consent' from the Sydney South Planning Panel.
Cr Tegg said the risk to public safety, the council and individual councillors was too great.
He said the motion should be passed to avoid any delays when the development application (DA) for demolition is approved.
"We're here tonight not to demolish memories...what we are here to get rid of is a pool that is well past the end of its useful life," he said.
"The pool is going to be demolished, razed to the ground and either replaced with a new pool or its going to be replaced with a playing field."
However, Cr Badalati raised a point of order noting that he did not think the notice of motion was legal.
Councillor Hindi added he had sought legal advice about the matter.
"I don't think this notice of motion is lawful...three months have not passed since the last decision on it," councillor Hindi said at the meeting.
"The motion earlier (October 20, 2020) could not be dealt with until after the 23rd of November decision.
"That's when the motion become a resolution of council not October 22nd...when the council voted on the 23rd of November that made it clear...therefore today's date is out by one day."
Back in October the council voted to conduct feasibility studies on potential locations for an aquatic centre at Tood Park or the original Carss Park site.
However on November 23 there was a notice to rescind the motion, which failed.
Under the Local Government Act 1993 it states, "if a motion to alter or rescind a resolution has been negatived, or if a motion which has the same effect as a previously negatived motion, is negatived, no similar motion may be brought forward within 3 months. This subsection may not be evaded by substituting a motion differently worded, but in principle the same."
Cr Hindi encouraged the council's general manager to find out more about the legality of the motion.
"I will be writing to office of local government and I am hoping council will too... because if we vote on tonight and it is approved or whatever then its not a legal motion," he said at the meeting.
"I think for the community's sake, for everyone's sake, we need the general manager to write to Local Government for legal advice so we can all be sure.
"We did have messages from community saying that we miss the three months by one day."
Georges River mayor Kevin Greene said the motion was legal.
"As far as I am concerned making the determination tonight, it is legal because the determination was taken in October," he said at the meeting.
"It was not successfully rescinded, you are correct, nothing could happen until that time but at the same time the decision made in October was valid because it was not overturned."
Mr Greene told the Leader that in order to build a new pool at Carss Park, Todd Park or any other location, the current pool would have to be demiolished.
"That structure needs to be removed," he said.
"A decision hasn't been made on the location of the new pool as we are waiting on the decision on the (demolition) DA from the Sydney South Planning Panel.
"The feasibility studies are actually about where the new pool could be built but this decision is about the current dilapidated structure."
Cr Greene said the council would continue to investigate the possibility of building a new aquatic centre at Carss Park or Todd Park.
The Todd Park feasibility study is expected to go before council at this month's meeting, however residents may be waiting 'months' for the Carss Park study.
