Tribunal upholds Max Phillips’ appeal against suspension from Marrickville Council

Marrickville Greens – media release

 

6 May 2014

Tribunal upholds Max Phillips’ appeal against suspension from Marrickville Council 

Max Phillips after the Tribunal hearing on March 26

The Civil and Administrative Tribunal has upheld an appeal by Greens Councillor Max Phillips and set aside a two month suspension from Marrickville Council ordered by the Director General of the Division of Local Government.  The decision vindicates Councillor Phillips claim that the information he released to the public was not confidential and dismisses all breaches of the Councillor Code of Conduct.

The decision by Justice W Haylen is available here: Phillips v Director General, Department of Premier and Cabinet [2014] NSWCATOD 48

In December 2012, Councillor Phillips made public information that Meriton had proposed a Voluntary Planning Agreement with Marrickville Council to exchange $5 million for an extra 10 storeys of height and added density.  Councillor Phillips was critical that the proposal was deemed confidential and to be dealt with behind closed doors.

“I’m elated that I have won my appeal and particularly pleased that the Tribunal has agreed that confidentiality was misused or misunderstood and that I was acting in the public interest and fulfilling my role as a councillor,” said Greens Councillor Max Phillips.

“The Labor Councillors have used this process to try to silence and punish me for blowing the whistle on what many residents saw as a dodgy council process.  The Greens will always support planning matters being discussed in open, public sessions – not behind closed doors.

“The current hearings at ICAC underline just how important it is that planning matters be conducted in public, particularly where large sums of money are on offer.

“This decision sends strong message to councillors across NSW that they should act in the public interest and not be intimidated by other councillors or staff on issues of confidentiality.

“The claim of confidentiality is often misused to keep decisions away from public scrutiny and I encourage people to always question whether there is a valid justification for something being deemed confidential.

“I found the review system of the Division of Local Government to be convoluted and Kaftaesque. They seem only interested in enforcing the majority decision of a council rather than reviewing the substance or underlying truth of a matter.  It was only at the Tribunal that I felt there was real consideration of the issues.  There should be a review of DLG system of review,” he said.

Contact: Cr Max Phillips 0419 444 916

Background information is available here and here.

Greens preselect Max Phillips for seat of Summer Hill

PRESS RELEASE

Greens Summer Hill Election Committee

Max Phillips, a Councillor on Marrickville Council for the past six years, has been preselected as the Greens candidate for the electorate of Summer Hill for the 2015 State Election.  Max Phillips has lived in the Inner West all his life and currently lives in Ashfield with his partner Claire and two young daughters. He works in state parliament, mostly on the campaign to oppose coal seam gas, and was previously an advisor to former Australian Greens leader Bob Brown.

Greens Returning Officer Bev Lloyd said: “A grassroots membership preselection process involving a postal ballot of all Greens members living in the electorate as well as two candidate forums has preselected Max Phillips to be the Greens candidate for the seat of Summer Hill at the 2015 state election.

“Summer Hill is a new electorate created after a 2013 redistribution abolished the electorate of Marrickville and created the electorates of Newtown and Summer Hill.  While it is nominally a Labor seat, demographic change and the retirement of Carmel Tebbutt means it will be a genuine contest between the Greens and Labor,” she said.

Councillor Max Phillips said: “I’m honoured to be the Greens candidate for Summer Hill and plan to run a vigorous and high-profile campaign.

“I will campaign for clean politics. People are sick of the corruption, the lobbying, the donations, the favours for mates and the snouts in the trough.  It’s simply not acceptable and the Greens will offer a package of reforms to clean up politics and smash corruption.

“The Greens stand for clean energy – we need to move to renewable energy such as solar and wind, and away from dirty coal and coal seam gas.  As the father of two beautiful young daughters, I am serious and committed about switching to clean energy to save the climate and their future.

“While the Inner West is a great place to live, we have real issues with housing affordability, childcare availability, public transport and road congestion, and bad developments affecting the character of our neighbourhoods.  My fellow Greens and I have a strong record representing the community on these issues and taking on vested interests.

“I will offer the voters of Summer Hill a genuine and credible option to the broken and corrupt politics of Labor and the Liberals,” he said.

Contact:

Candidate Max Phillips 0419 444 916

Returning Officer Bev Lloyd 0402 433 538

Photo of Max Phillips can be downloaded here 

Councillor suspended for being honest

The Division of Local Government has decided to suspend Greens Councillor Max Phillips from office for two months beginning 17 February.  Councillor Phillips will appeal the suspension at the Pecuniary Interest & Disciplinary Tribunal, saying that Councillors should not be punished for being honest.  “By trying to force an insincere apology from me under threat of sanction, the Council and Division of Local Government were asking me to lie, which I refuse to do,” he said.  He noted that dishonesty was is itself a breach of the code of conduct and Local Government Act.  Councillor Phillips said such an ethical dilemma should not be forced upon councillors and hoped the Tribunal will agree.

Greens Councillor Max Phillips: “by trying to force and insincere apology from me under threat of sanction, the Council and Division of Local Government were asking him to lie, which I refuse to do”.

In December 2012 developer Meriton approached Marrickville Council about a voluntary planning agreement to give council $5 million in exchange for a big increase in density and height (from 10 storeys to 20 storeys) at their Lewisham Towers development.  Councillor Phillips informed local residents and the media of this proposal based on information given at a non-confidential oral briefing.  However, the written agenda item was deemed confidential by council staff and residents were ejected from the public gallery while councillors debated it behind closed doors.

There is a dispute as to whether information was confidential or should have ever been confidential – you can read all about it here.

Former Marrickville Mayor Victor Macri (who had previously met with Meriton to discuss the proposal) moved a censure motion against Councillor Phillips.  It stalled at 5-5, and Macri had to use his casting vote to censure Councillor Phillips.  Councillor Macri then demanded that Councillor Phillips apologise to both the Council and to Meriton.  Councillor Phillips refused to apologise stating that he was not sorry for his actions and felt he had acted ethically and in the best interests of the community.  Macri, with the support of Labor and Liberal Councillors then voted to refer the matter to the Division of Local Government.

The bureaucrats at the Division of Local Government pressured Councillor Phillips to apologise, asking whether he had “changed his mind?”  Councillor Phillips told them that he had not and that he had stated quite clearly on many occasions – in the council chamber, in the media and to many local residents – that he stood by his actions to ensure the planning matter was public knowledge and was not sorry he had done so.

Ross Woodward Chief Executive of Division of Local Government has ordered the two month suspension of Marrickville Greens Councillor Max Phillips

In his reply to the draft report recommending his suspension Councillor Phillips wrote to the Division of Local Government:

“I note that Section 439(1) of the Act, quoted in the report states: “Every councillor, member of staff of a council and delegate of a council must act honestly […]” 

I therefore ask the Division of Local Government to clarify whether it wants me to lie about whether I am sorry or not?  If I comply by lying, will I be guilty of misconduct under section 439(1) of the Act?  If the Division does want me to lie about this matter, then I request a written justification as to why obedience to a council resolution is more important than truthfulness for good governance in NSW.  If such a justification can not be provided, then I submit that the case must be withdrawn.” 

The Division of Local Government never replied to this request.  Instead the Chief Executive Ross Woodward ordered a two month suspension.

It seems that obedience to a ruling majority on a council is more important than honesty when it comes to local government in NSW.  Mr Woodward bases his decision on a precedent set in the case of Lithgow City Councillor Martin Ticehurst who was also suspended for two months.  Paragraphs 63 – 65 in the Ticehurst ruling seem to suggest that councillors have no choice but to obey the majority on their council, regardless of circumstances.  The ruling concludes:

“Abject refusal to comply with a resolution of council irrespective of whether a Councillor feels she is right or wrong is a serious breach of the code of conduct… The importance of complying with a resolution, no matter how objectionable cannot be overemphasised.”

Councillor Phillips says such blind obedience to the state “smells a bit like a recipe for fascism rather than liberal democracy.  Obviously council decisions should have force.  However, in this case, it is not a resolution of council dealing with the height of a garage, or the width of a footpath, or the number of childcare places at a centre.  The resolution in question is asking for an individual to express a feeling – not usually the jurisdiction of local government – nor any government.  Surely something as personal as an apology from an individual should stem from genuine feelings of sorrow and regret, rather than a demand from political opponents or the threat of suspension or some other sanction?  What is the point of forcing councillors (or anyone else) to issue insincere apologies?”

Councillor Phillips wonders whether it is some kind of demonstration of the power?  “Surely extracting false ‘confessions’ is something that should be left to the history books on  Stalinist Russia, not local government in NSW in 2014,” he says.

Greens Councillor Max Phillips says he’s happy to be judged by his constituents.

Councillor Phillips says that he has been put in a genuine ethical dilemma by the Division of Local Government.  He asks “what is the greater crime?  Refusing  to comply with a demand to apologise when you are not sorry, or lying by making an insincere apology?”

“I want to be able to continue to represent my community on council without a suspension, but I refuse to act dishonestly or insincerely even if it means I will be suspended.

“It seems obedience, not ethics is what is most important to the Division of Local Government in NSW.  I do not really care what my political opponents or the bureaucrats may say, I am confident I have acted ethically at all times and I’m happy to be judged by my constituents.

“At the end of the day, these are all just shenanigans.  The important underlying principle is that planning matters should always be dealt with by decision making authorities in a transparent and public way, and I and my fellow Greens will always stand up for that,” said Councillor Phillips.

The suspension is due to begin on 17 February 2014, however, this may be delayed if the appeal is not heard before that date.

Secret deals and censure motions

Labor and Liberal councillors will likely vote for a politically motivated censure motion against Greens Councillor Max Phillips at Tuesday night’s Marrickville Council meeting.  The censure motion is being moved because Cr Phillips informed the public of a proposal for a ‘voluntary planning agreement’ (VPA) from developer Meriton that offer Council $5 million for going from 10 to 20 storeys at the Lewisham Towers development.

At the March Council meeting, Mayor Macri and Labor and Liberal Councillors demanded that Cr Phillips apologise to Council and Meriton for making the information public.  Councillor Phillips refused, saying he had acted ethically at all times and it was Council who erred in trying to keep the VPA secret.

“You should never apologise for being honest.  I acted ethically and will wear the censure from Labor and Liberal as a badge of honour!” said Cr Phillips.

“Major planning decisions should be conducted in an open, public and transparent manner.  It’s an absolute disgrace that Labor, Liberal and Mayor Macri want to keep the public in the dark about major planning decisions being contemplated by their Council,” he said.

Late last year developer of the Lewisham Towers site, Meriton, approached Marrickville Council with an offer of $5 million in return for increasing density and heights for the Lewisham Towers development as part of a VPA.

Meriton boss Harry Triguboff initially met with the Mayor of Marrickville, Victor Macri in the mayoral office.  On the 27 November, a briefing was held with all councillors where Meriton outlined a proposed VPA.  The essence of the offer was significantly increased densities, and the height of one of the buildings to change from 10 to 20 storeys.  In return Council would receive $5 million.

The Lewisham Towers development has been controversial for the last 4 years.  Initially proposed was 14 storey towers and a supermarket mall.  A community group ‘No Lewisham Towers’ was formed to oppose this overdevelopment and the Greens Councillors moved for Council to commission a master plan for the precinct to ensure orderly and appropriate development.

The master plan recommended much smaller heights and only a small amount of retail space for the site.  Since the master plan was produced, the developers of the site had gradually reduced the scale of their plans, until Meriton came along with their proposed VPA.

On the evening of Friday 7 December, Councillors were given a supplementary business paper for the Council meeting on Tuesday 11 December.  The item was relating to a decision on whether or not to enter into negotiations on the Meriton VPA.

Surprisingly the item was deemed confidential.  When questioned why it had been marked confidential, council staff said it was because Meriton had asked for it to be commercial in-confidence.

The Greens Councillors questioned the basis of the commercial in-confidence and why such a confidence would trump the importance of conducting planning decisions in open session?  An adequate answer was not provided.

Cr Phillips decided to inform local residents and the media about the proposed VPA, basing his information on the oral briefing held on the 27 November, on the basis that this briefing had not been deemed confidential.

The Sydney Morning Herald published an article entitled: Size does matter: council offered $5m to approve towers at double the height

That night at the council meeting, the public gallery was ejected, the doors closed and the Labor and Liberal Councillors proceeded to shout at Cr Phillips for informing the public about the general nature of the VPA being considered.

Some of the Councillors claimed by publicising the issue, Cr Phillips had “forced their hand”.  Mayor Macri yelled that Cr Phillips “was not the dictator, not God”.  These are strange comments and seem to indicate that some Councillors may have made a different decision if the issue was not public.

“Councillors should be prepared to stand by and defend their vote regardless of whether it is public knowledge or not.  Indeed the Local Government Act explicitly states that public embarrassment is not a valid reason to make something confidential,” said Cr Phillips.

After the shouting behind closed doors had subsided, Council voted unanimously to reject entering into negotiations with Meriton over the proposed VPA.

Five Councillors, who have decided to remain anonymous, then decided to lodge a code of conduct complaint against Cr Phillips.

An independent reviewer reviewed the issue and found that although the oral briefing on the 27th was not clearly deemed confidential, Cr Phillips had breached the code of conduct by speaking publicly about the issue.  You can read the entire report here (PDF).

At the March 2013 Council meeting, conservative independent Mayor Victor Macri moved to censure Cr Phillips, demand he apologise, and to escalate the issue by referring it to the Department of Local Government.  Of the ten Councillors present at the meeting, five – including the four Greens and Independent Morris Hanna, voted against, while the Labor and Liberal Councillors voted for the motion.  The Mayor was forced to use his casting vote to pass the motion.

On 16 April 2013, the formal censure motion will be debated at the Marrickville Council meeting.

Meanwhile, Cr Phillips brought a notice of motion for Council to draft a policy in how to deal with VPA proposals.  The proposal was for Council to adopt a position of dealing with VPA proposals in an open and transparent way, and to provide a public justification for any information deemed confidential.  Unfortunately Labor and Liberal Councillors present rejected this notice of motion.

“There have been three different VPA approaches to Marrickville Council in the past few months, yet residents are being kept in the dark.  There is a new arrogance of power at Marrickville Council that is of great concern,” said Cr Phillips.

Read Councillor Phillips’ letter to Lewisham residents on the matter (PDF).

Greens oppose artificial turf on Arlington Reserve *again*

The Greens will oppose artificial turf on Arlington Reserve when it once again comes before Council on Tuesday 19 February 2013.   The Greens have consistently stood with the community in opposition to artificial turf.

Historic Arlington Oval in Dulwich Hill

Plastic grass only makes financial sense if you maximise the use of a sports ground.  However, Arlington Reserve is located in a high density residential area, with limited parking.  If Marrickville Council votes to go ahead with artificial turf it is either wasting $1.1 million of ratepayers money on a surface that will only be used by a few players each week, or it will have to increase usage of the ground to the detriment of local residents.

There are many other good reasons to oppose artificial turf, as set out by Greens Councillor for Burraga West Ward, Melissa Brooks in her letter to residents below.

Currently the vote on Council looks like being 6 – 6.  With the 4 Greens Councillors, Independent Councillor Morris Hanna, and Liberal Councillor (North Ward) Mark Gardiner against;  the four Labor Councillors, Independent Councillor Victor Macri, and Liberal Councillor (West Ward) Rosanna Tyler for artificial turf.

If this is the vote, then Mayor Macri can choose to use his casting vote for push through artificial turf.

Reports from local residents indicate that Liberal Councillor Rosanna Tyler seems to have adopted a very strange stance of only talking or being concerned with residents who voted for her – which means she effectively will ignore over 75% of the residents of her ward!

In 2009, Labor voted against artificial turf. Labor Councillor Emanuel Tsardoulias circulated a letter to local residents saying that Labor considered Arlington Reserve unsuitable for artificial turf.  It remains to be seen whether Labor Councillor will betray this promise to local residents.  For more information visit savearlingtonreserve.com

Letter from Councillor Brooks  below (or download PDF)

 

Melissa Brooks

Greens councillor, Burraga West Ward

Greens committed to protecting Arlington Reserve

Dear Resident,

I am writing to update you on Marrickville Council’s discussions about the future of Arlington Reserve.

You may be aware that Council is currently considering installing artificial turf on Arlington Reserve, having previously rejected this proposal due to residents’ concerns in 2009.

The Greens on Marrickville Council have consistently opposed the move to resurface Arlington Reserve with an artificial surface, for a number of reasons:

Intensification of usage

If the surface were converted to artificial turf, Council would be under enormous pressure to make a return from that investment and intensify usage in order to increase revenue from use of the reserve.

While some Councillors are promising not to increase usage of the reserve, Council will inevitably come under pressure from sporting clubs to increase usage to alleviate a shortage in sporting fields.  Artificial surfaces are designed to maximise usage, but Arlington Reserve is located in an area that can not sustain such usage.  If Council believes an artificial surface is necessary, it should be located in a more appropriate area with suitable infrastructure.

Financially irresponsible

In 2011 Council spent $272,214 on improving the natural grass surface. Resurfacing Arlington with artificial turf is an even more expensive venture that benefits only a few members of our community. It will cost $1.1 million to install an artificial surface, which will need to be replaced at least once every ten years. This does not include the huge disposal costs for artificial surfaces. This cannot be offset by the minor reduction in maintenance costs that comes with an artificial surface.

Loss of amenity for residents

An artificial surface will retain heat and not possess the natural cooling effects of a natural surface, dramatically increasing the ambient heat in the immediate area.

Loss of community use

The community’s enjoyment of this reserve will be compromised and conversion to an artificial surface may effectively privatise this beautiful public asset. Artificial turf is unsuitable for many other community uses of the reserve, especially during the summer when the surface will become a heat source.

Environmental issues

The verdict is still out on the environmental impacts of artificial surfaces.  Risks of installing an artificial surface include chemical leaching and destruction of bandicoot and bird foraging habitat.

We do know that artificial surfaces have huge carbon footprints across their lifecycle, from manufacturing, installation, transportation, maintenance, and a very slow disposal in landfill. Natural surfaces act as a carbon sink and help remove carbon dioxide from the atmosphere.

I was the only Councillor representing West Ward to stand with the community to oppose the proposal to resurface Arlington Reserve with artificial turf.

My fellow Greens Councillors, as well as Independent Councillor Morris Hanna and Councillor Mark Gardiner have also committed to oppose the proposal.

In 2009 Labor admitted that Arlington Reserve was not a suitable location for artificial turf and voted against it.  Why have the Labor Councillors betrayed this commitment?  What has changed?

I urge you to contact Labor and Liberal Councillors and let them know your views on this issue, as well as your State and Federal Members of Parliament. Contact details for your Councillors are available at www.marrickville.nsw.gov.au/council/councillors.html.

Marrickville Council will be discussing Arlington Reserve at the council meeting at 6.30pm on Tuesday 19^th February, at Council’s offices in Fisher Street, Petersham. Residents are welcome to attend. If you wish to speak at the meeting you should register in advance – more information is available on the Council website.

Please feel free to contact me regarding this, or any other matter.

Yours sincerely,

Melissa Brooks
Greens councillor for West Burraga Ward, Marrickville Council

Greens move to ensure enforcement of ‘No Smoking’ rules

Greens Councillor Max Phillips will move to ensure that Marrickville Council’s rule of  ‘No Smoking’ in outdoor footpath dining areas is enforced.

Since the regulation came into effect on 1 July 2011, many cafes and patrons have chosen to ignore the rule.  Some cafes continue to provide ashtrays for the use of patrons.

Exposure to smoke is not only unpleasant, particularly in dining situations, but it is dangerous to health. Smoking and the exposure to passive smoke leads to cancer and other forms of potentially fatal disease. Smoking costs our health system billions of dollars every year.
The motion will be discussed on Tuesday 19 February.  The motion calls for Council to:

1. strictly enforce the regulation prohibiting smoking in footpath outdoor dining areas;

2. provide adequate educational information to assist business owners and their customers to understand this regulation; and

3. write to owners of outdoor dining on private property and request that they enforcea similar ‘No Smoking’ rule.

To entire motion is below or download as a PDF:

Item No: C0213 Item 17

Subject: NOTICE OF MOTION: ENFORCEMENT OF ‘NO SMOKING’ IN OUTDOOR AREAS

File Ref: 4674/7715.13
From Councillor Max Phillips

MOTION:
THAT Council:
1. strictly enforce the regulation prohibiting smoking in footpath outdoor dining
areas;
2. provide adequate educational information to assist business owners and their
customers to understand this regulation; and
3. write to owners of outdoor dining on private property and request that they enforce
a similar ‘No Smoking’ rule.

Background
In December 2010 Marrickville Council resolved to prohibit smoking in outdoor dining areas on
the footpath or public land, on sports fields, within 10 metres of a playground, or within 10
metres of a Council building or facility. These regulations came into effect on 1 July 2011.
Despite this regulation, many cafes continue to flout these regulations, openly allowing
smoking in footpath outdoor dining areas and even providing ashtrays for smoking to use at
their dining tables.

Many in our community are confused as to why smoking continues in these outdoor dining
areas despite Council’s prohibition against it. Some in the community feel they are unable to
frequent certain places, especially with their children, due to the passive smoke.
The O’Farrell Government has brought in a law prohibiting smoking within 10 metres of a
playground or entrance to a public building. A law to prohibit smoking in outdoor dining areas
will come into effect in 2015.

A renewed round of education and enforcement is necessary to ensure that Council’s
regulation is not flouted.

Exposure to smoke is not only unpleasant, particularly in dining situations, but it is dangerous
to health. Smoking and the exposure to passive smoke leads to cancer and other forms of
potentially fatal disease. Smoking costs our health system billions of dollars every year.
Marrickville Council adopted its resolution regarding smoking for serious health and public
amenity reasons. The community expects that such prohibitions have a real effect on not be
openly flouted.

Council should act to ensure that its resolution is enforced.

Manager, Monitoring Services Comments:

Report (C1210 Item 4, Smoke Free Outdoor Environments In Marrickville) was adopted by
Council at its 14 December 2010 meeting. It outlined a package of specific measures for
Council to adopt that will further reduce the prevalence of smoking-induced health problems in
the Marrickville LGA, and it also included that the focus of the implementation of the package
will be through an education program, rather than a strictly compliance-based activity.

Report (C0311 Item 3 Smoke Free Outdoor Environments Policy) adopted by Council at its 15
March 2011 meeting reported on public feedback to Council’s draft Smoke Free Outdoor
Environments Policy and proposed that the draft Policy be adopted without amendment for
implementation from 1 July 2011.

Since the March report was adopted Council officers have written to the business operators
prior to the implementation date advising of the imminent policy, the implications for their
licence and the promotional material Council would provide. After the policy was implemented,
Council officers visited businesses on 3 occasions (August – October 2011, February – March
2012 and December 2012 – January 2013) to provide them with promotional material and to
gather feedback on implementation issues and successes.

Following the second visit – where it was clear that there was poor compliance with the policy –
the Manager Monitoring Services discussed alternates to taking the education-based
approach with the then General Manager.

The most recent visits have again highlighted the poor uptake of the policy.

Monitoring Services started working closely with Corporate Strategy and Communication in
January 2013 to develop a comprehensive marketing and communication strategy to increase
awareness about the policy and encourage compliance. The strategy is scheduled to be
completed in mid February and will be implemented immediately. The strategy will be business
owner focused rather than patron focused, and will include improved on-site information,
guides on how to implement the policy, notification on the consequences to business for noncompliance,
signage and a general community awareness campaign.

It is recommended that officers report back to Council at the June Council Meeting on the
effectiveness of the marketing and communication strategy and community awareness
campaign, and that Council give consideration to enforcement options at that time.

Resource Implications:
Can be undertaken within existing resources.

Marrickville’s street trees spared the chainsaw

A great result for Marrickville’s street trees last night. Council did not adopt the recommendation and instead resolved unanimously to adopt the resolution below.

The Stanmore lemon scented gum

“The Greens are very pleased that Council has backed away from making prioritising concrete over street trees,” said Greens Councillor Max Phillips.

“A packed public gallery and large number of speakers, as well as the large volume of emails Councillors received is an indication of the high level of community concern with the proposal to remove so many trees and make concrete king.

“For the time being mass tree removal has been frozen on the agenda while Marrickville Council commissions a ‘Street Tree Management Plan’.  This plan should take a more holistic and balanced approach to street trees seeing them as valuable assets, not just potential liabilities.

“The Greens encourage the community to get involved in formulating this plan so that it is clear to Council that residents want to keep our larger trees, native trees and want to increase our canopy.”

C1112(2) Item 6                  Tree Management – Inventory, Master Plan and Policy Framework

Public speakers:                  Kate Watts, Fiona MacColl, Jacqueline Yetzotis, Eva Johnstone, Adrienne Shilling, Louise Steer, John Butcher, Helayne Short, Vicki Panagopoulos, Rosamund Dallow-Smith and Christine Hay   Motion:               (Tsardoulias/Haylen)   THAT Council:   1.                     receive and note the report;   2.                     refers the report to the Environment Committee;   3.        provide a capital budget of $170,000 in 2013/14 for street tree removal and replacement;   4.        where capital renewal reconstruction works are undertaken and conflict exists between a street tree and infrastructure, the guidelines outlined in the ‘Urban Forest Strategy’ should be followed; 5.        advise and clearly enunciate any changes to the policies and controls governing tree management within the Marrickville Local Government Area;   6.        Council staff look at other paving options including porous flexible paving and that staff stop using asphalt for reconstruction of pavements;    7.        Council staff look at options to increase the number of verge gardens and sustainable gardens;   8.        Consult with the residents of the streets affected; and   9.        defers any non-urgent actions arising from the report until the Street Tree Master Plan is completed and adopted and a thorough community consultation is completed.

Motion Carried For Motion:                         Councillors Brooks, Ellsmore, Hanna, Haylen, Iskandar, Leary, Macri, Phillips, Tsardoulias, Tyler and Woods Against Motion:                 Nil