Former Canada Bay Council Statutory Planning Manager, Narelle Butler, has told ICAC it was “very inappropriate” for mayor Angelo Tserikas to work with now-defunct iProsperity development firm planners to bypass months of council planning assessment for a 7-day-old planning proposal for a series of high-rise towers reaching up to 46 storeys in height.
SCROLL DOWN FOR DAY 6 ROLLING COVERAGE
The former council manager also told the public inquiry that Cr Tserikas operated his “own little fiefdom”, while using his office space as a meeting place for developers.
A fiefdom is described as a territory controlled by an overlord.
Last week, former Canada Bay Council planning director turned iProsperity town planner, David Furlong, told the corruption watchdog that he worked with Canada Bay Mayor Angelo Tsirekas to accelerate a newly submitted planning proposal.
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Emails tendered to ICAC show Cr Tsirekas forwarded a draft notice of motion by councillor Neil Kenzler for the consideration of a three-year-old planning proposal by neighbouring developer Billbergia in the Rhodes Station Precinct in May 2016.
The original motion did not include the assessment of the planning proposal by iProsperity for the corner of Marquet and Mary streets, Rhodes, which was only submitted seven days earlier.
Additional emails tendered to the corruption commission reveal Mr Furlong and Cr Tsirekas worked to develop an amended notice of motion to include the five lots controlled by iProsperity when investigating the “planning merits” of the Billbergia development.
Ms Butler accused the mayor and iProsperity contractor David Furlong of “jumping the queue” to include the newly-submitted planning proposal into the Billbergia planning proposal.
“It was very in appropriate for a private planning consultant to forward a draft or amended motion of a councillor to include additional information like that,” Ms Butler said.
The planning expert said the move by Mr Furlong and Cr Tsirekas would benefit iProsperity as the proposal was being “expedited … and also not being subject to the same assessment that the strategic planning staff had already done with the Billbergia proposal”.
Ms Butler said iProsperity got the benefit “of all the work that’s gone beforehand in relation to the Billbergia Planning Proposal”.
“We now have a motion, which was basically a recommendation for refusal, and seeking to proceed and pulling iProsperity into that,” she said.
Throughout his evidence, Mr Furlong refused suggestions the move to include iProsperity land in the amended notice of motion “benefit” the Chinese developer.
Ms Butler said it was not appropriate for council to request formal advice from a land owner of their intentions for their land, something Mr Furlong and Cr Tserikas included in the amended notice of motion to council.
When it came to allegations of Cr Tserikas operating a fiefdom out of his council offices, Ms Butler said he used the space as an opportunity for people to come and meet with him.
“He had developed a certain culture, I suppose, and an expectation among members of the development industry in particular, who was seeking to either do development in Canada Bay or who had actually lodged applications with us to do development that his door was open, if you like and that they could come and talk to him,” she said. “They could contact him to seek a meeting with him (and) that he would have council staff assist with that process as well.”
Chief commissioner Peter Hall reminded the ICAC Mr Furlong was a witness providing evidence in the proceedings, rather than a person of interest himself.
The ICAC is probing allegations Cr Tsirekas partially exercised his official functions to favour the interests of Billbergia, Prolet Pty, iProsperity and contractor Joseph Chidiac, as well as allegations he accepted benefits, including overseas flights and accommodation, as a reward for favouring iProsperity’s planning interests.
The mayor is yet to give evidence in the four-week hearing.
Updates
A property developer and acquaintance asked Canada Bay Mayor Angelo Tsirekas, who had stepped down as mayor at the time, to help him bring forward the consideration of a development application by two weeks.
Emails tendered to ICAC between the developer and the mayor in March, 2017, allegedly show Frank Bruzzano asking the mayor if he could bring forward the assessment of his development application at 168-172 Victoria Rd Drummoyne by two weeks.
Mr Bruzzano said he had "some belief" that the mayor could assist him in bringing the consideration of the development forward. Mr Bruzzano accepted claims from counsel assisting ICAC that he was asking Cr Tsirekas for "help" or "a favour".
"It would have been better for me because we would get on with things," he told ICAC.
Accountant Frank Bruzzano has told ICAC he never knew what iProsperity contractor Joseph Chidiac "did for a living" apart from the fact that he was a consultant despite having several meetings with him.
"I didn't ask 'exactly what do you do'," Mr Bruzzano told chief commissioner Peter Hall.
An acquaintance of Canada Bay Mayor Angelo Tsirekas has been questioned over whether he asked the councillor to "assist" in development applications for he and his clients.
Frank Bruzzano said that he had asked the mayor to "look into" a development application in relation to a client's home. Mr Bruzzano said he had also asked Cr Tsirekas to "chase up" a development application he had submitted for 168-172 Victoria Rd, Drummoyne, more than ten times.
Mr Bruzzano, through a series of questions, said he did not consider Cr Tsirekas a friend, describing the relationships as more of a "personal or business friendship" before telling ICAC he had attended a number of one-on-one lunches, as well as group lunches with the mayor and iProsperity contractor Joseph Chidiac.
Councillor Tsirekas' legal representative has argued to ICAC that the mayor's move to forward a draft notice of motion, developed by another councillor, to a property developer for amendments was "part and parcel of everyday life".
The legal representative, as part of questions to former council planning manager Narelle Butler, suggested the mayor was "seeking input from consultants in an endeavour to influence other councillors and, in fact, council staff".
"There is nothing inappropriate," he said.
However, Ms Butler hit back, telling the commission it was "very inappropriate" for a consultant of a planning proposal to send an amended notice of motion, which would benefit the developer, to a councillor.
Canada Bay Mayor Angelo Tsirekas' legal representative has highlighted council master planning documents foreshadowed the inclusion of "privately-owned land".
Council's Rhodes masterplan highlighted a proposal to include a private property at 16 Walker St, Rhodes to be "integrated with the adjoining development sites to realise an integrated urban outcome".
"So what we seen here, the precinct masterplan has an aspiration or a principle expressing the hope that in the future number 16 will be integrated".
It comes as counsel assisting ICAC questioned iProsperity planning consultant David Furlong over his decision to amend a draft council notice of motion to include a clause to request a private owner to explain its future intentional uses of land the Chinese development firm wanted to purchase.
The amended notice of motion was sent to Cr Tsirekas to put to council for consideration and was later approved.
Emails tendered to ICAC on Tuesday morning reveal Angelo Tsirekas requested information from council officers regarding planning proposals when he was no longer mayor of Canada Bay.
Following questions to former council Statutory Planning Manager Narelle Butler, counsel assisting ICAC was told she "expressed concern" about providing information to Mr Tsirekas when he was no longer mayor.
"He was asking similar inquiries to what he would do when he was the mayor," Ms Butler said.
Good morning and welcome to day six of ICAC's Operation Tolosa hearings. This morning Cr Tsirekas' business friend, accountant Frank Bruzzano, will give evidence to the corruption watchdog following Ms Butler.
