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Addendum Agenda - Ordinary Meeting – Tuesday 26 November 2024 Page 0 |
CL24.382 Report Back - Ulladulla Harbour Boat Ramp
HPERM Ref: D24/508923
Approver: Carey McIntyre, Director - City Services
Purpose:
The purpose of this report is to provide Council with information sought by it in response to a Mayoral Minute considered at the Ordinary Council Meeting of 12 November 2024 (MIN24.599).
Summary and Key Points for Consideration:
1. Council staff have contacted Council’s insurers, seeking advice as to their assessment of the likelihood of insurance coverage being afforded to Council under the specific circumstances of signage only being used to enable the opening of both the western and easter sides of the ramp.
2. The advice of Council staff, provided in the meeting of 12 November 2024 that no public liability cover would be available due to the Reasonable Care provision of the policy in the event of Council reopening the eastern ramp without repairs and relying only on signage, remains current.
3. Council staff have liaised with Transport for NSW (TfNSW), regarding the partial report of the boat ramp.
4. Council staff have liaised with some specific members of the community regarding any need and availability of assistance from them.
5. Further liaison between Council staff (including the Acting CEO) is occurring with boat ramp user groups. A meeting onsite to discuss has been arranged.
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That Council 1. Note the advice provided in this report. 2. Reconsider the deferred Mayoral Minute of Ordinary Council Meeting of 12 November (MIN24.599) as required.
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Options
1. Adopt the recommendation as printed.
2. Not accept the recommendation.
Implications: Council will need to be in a position to further direct the CEO in respect of the management of the Ulladulla Harbour Boat Ramp.
Background and Supplementary information
At its Ordinary Council Meeting of 12 November 2024, Council resolved as follows, in respect of the Ulladulla Harbour Boat Ramp (MIN24.599):
That Council
1. Defer this matter until the next meeting to undertake further investigation in relation to the opening of the eastern side of the Ulladulla Boat Ramp, and the establishment of a 355 committee or community led project to undertake temporary repairs until such time as public works begin.
2. Install the recommended signage on the western side of the boat ramp
Further to that resolution, Council staff were advised that some specific members of the community were seeking to expedite the work of the Council officers in this regard.
The advice of Council staff at that time was:
i. Staff will be seeking some advice from our insurers, consistent with the resolution of the Council.
ii. The work that is being funded by the state government is for a partial repair of the boat ramp.
iii. Staff will be reaching out to the state government with a view to commencing the work that will be carried out on the boat ramp.
iv. New signage will be placed on the western side of the boat ramp, to guide its use.
v. Council staff are able to liaise with specific members of the community.
All of these actions are now under way. Specific advice is as follows:
Insurance
Council’s Lead Enterprise Risk Management contacted Council’s insurers seeking advice as to their assessment of the likelihood of insurance coverage being afforded to Council under the specific circumstances of signage only being used to enable the opening of both the western and eastern sides of the ramp (as per the original Mayoral Minute).
Council’s insurers were also able to speak with the Mayor, acting CEO and one other Councillor at the NSW Local Government Conference about this matter.
The advice provided previously by Council officers, namely that no public liability insurance cover would be available under the Reasonable Care provision, should Council reopen the eastern ramp without further work to address the known risk, remains current.
In addition to the above, the purchase of a new specific public liability policy for the eastern boat ramp only would be ineffective, as any new public liability policy would include the Reasonable Care provision.
Work with TfNSW
Council’s Manager Works and Services has liaised with TfNSW contact regarding the partial repair of the boat ramp and points of contact have been established.
TfNSW has engaged a contractor to inspect the boat ramp and develop a scope of works for temporary repairs with the intent to have the repairs completed before the upcoming peak usage period.
TfNSW has advise it cannot engage with the local contacts provided who have offered assistance due to procurement restrictions and conflicts of interest.
Liaising with Specific Community Members
The Manager Works and Services has contact specific members of the community that expressed an interest in assisting Council and communicated the work that is underway with TfNSW. They were also advised that Council will develop a website to communicate updates regarding the repairs.
Sign Fabrication
The fabrication of the signage to be used on the western side of the Ulladulla Harbour Boat Ramp is underway.
Internal Consultations
Internal liaison consultation has occurred with:
· Council’s Risk and Insurance Team
· Council’s Works and Services Team
External Consultations
External Consultation has occurred with:
· TfNSW
· State Member for South Coast, Liza Butler
Community Consultations
Some members of the community, interested in assisting the Council in this regard and as detailed in this report.
Policy Implications
Further, Council is in the process of developing a policy for community-led projects to assist with works that are needed in respect of community assets.
Finally, the need for Council to work consistently with its resolutions in regard to financial sustainability remains.
Financial Implications
There are no financial implications associated with this report.
The signage for the western side of the Ulladulla Harbour Boat Ramp resolved upon by the Council on 12 November 2024 will be produced using existing budgetary allocation.
Risk Implications
Council is currently minimising the risk of safety and property damage to the community and members of the public by closing access to the damaged eastern boat ramp, until further repairs can be undertaken, and an assessment is completed to deem it fit for purpose. This action falls within the risk appetite statement and tolerances for protecting the wellbeing of members of the community.
Should Council reopen the eastern ramp in its current condition and an incident occurred involving personal injury or property damage, Council would not be afforded the protection of our public liability insurance due the Reasonable Care provision, resulting in reputational, financial and legal implications.
The recommendation manages this risk, while still allowing the Southern Boat Ramp to provide some utility.