Burnouts progress - Council's response

On Wednesday afternoon this week I had a phone call from Mr Peter Gesling, Council's Executive Manager Transport and Engineering, regarding the burnouts and what actions Council is considering to stop them.

It is pleasing to see that Council is finally taking our complaints seriously and is committed to a solution. Mt Gesling apologised for the long time that this has taken.

 He advised that:

• burnouts are difficult to control from a Council/police perspective
• Council has been in discussion with the police and Kate Washingtons office on a joint solution
• Council is committed to working with the community on a solution
• Council can't afford to narrow the road, and the pavement is too hard to profile
• the "anti-burnout" seal that was mentioned by Council early this year is not an option because it would make the road unsafe for other road users
• any road closures would need Transport NSW approval 
• installing a video surveillance system is the best option at present
• the police should be able to use the data from video cameras for enforcement
• recent changes to Privacy legislation would permit Council to use a video surveillance system if they are part of Council's core functions
• Council is keen to know the communities views on this, and would be happy to meet with community members to discuss this. 

I advised that since Council is not planning on major changes such as closing off part of Gooreengi Rd which was initially suggested, then I didn't think that Council needed to discuss video surveillance with our community beforehand, and it should just go ahead and do it. 

Mr Gesling advised that Council would have legal advice on the video surveillance early next week, and if the police agreed then it could be implemented before Christmas.

I asked Mr Gesling what was happening about repairing the damaged pavement and road markings, and he undertook to get back to me on these. 

So, its good that Council is working with the police to work up a joint solution, and hopefully a video surveillance system will be implemented by Christmas, with a great big "you are being filmed" sign to act as a strong deterrent. 

In the meantime, if you do see or hear a burnout happening, please call Policelink on 131444 and request that a patrol be sent out ASAP. And if a burnout happens and there is debris all over the road that needs cleaning up, report it to Council on 7955 7777 and request that a crew be sent out to clean up the intersection.

About an hour after this phone call, Mr Gesling followed it up with the following email:

Dear Bob

Thank you for taking my call this afternoon.

Firstly my apologies that I have not been in contact earlier. As  we discussed if there had been a realistic solution Council would have already actioned it.  That said,

Council acknowledges the communities concern and as advised while this is primarily a police issue to manage illegal behaviour, Council accepts it should do what it can to interrupt the current behaviour and assist NSW Police in mitigating or minimising this behaviour that is impacting local residents.

Since late 2023 Council has been investigating a range of potential interventions to achieve an outcome that mitigates the current activity.

• These include to turn off the street lighting at the intersection to remove a possible reason for use of this site as viewing/filming area. The current lighting is NOT technically required for a rural intersection, This can be done almost immediately, subject to a safety audit of the site.
• Installing a surveillance camera. In discussion with Essential energy about switching off the lights they suggested installing a camera on their pole, noting that you have previously suggested the same. Research has found that this is generally problematic for public authorities particularly in managing the data generated and who can access this. Recent changes to the Privacy Act provide additional exemptions, as of November 2024, to Councils when pursuing law enforcement in public places.
• Further we have considered temporary closure of the southern end of Gooreengi Road and are consulting with Transport NSW on the motorway arrangements in this area, noting that “The Rock" development is currently closed. Assessment of collateral impacts will be considered and any comments from the North Arm Cove Community Association are welcome. If we activate this option Council will provide public notification and seek community input prior to undertaking the works.

Other options considered included

• A heavy reseal of the intersection estimated cost 50k. This is not required for any maintenance purpose and could leave the intersection in a less safe condition for all road users
• Provision of a concrete barrier wall to reduce the size of the intersection and its approaches, estimated cost 150k, again not a maintenance treatment and has been discounted due to cost and the time frame to arrange and deliver the work

If there were clear and viable options Council would have proceeded earlier.

Council is in consultation with the NSW Police Service have had discussions with Port Stephens Command, Crime prevention unit and the Local Members office to ensure that both offices are aware of the issues and Council’s approach to assist in addressing the current issues.

I confirm your request for maintenance work to assess and clean the intersection following a ‘burnout event last weekend. I will request the Operations manager to initiate review necessary action. Should further instances occur Please notify Council through the Request system and ongoing monitoring and maintenance will be programmed."