It was signalled at a Dunedin City Council meeting yesterday that Cr Jim O’Malley participated against legal advice in an 8-7 vote to get the stalled project moving again.
- Editorial: Albany St flip-flop unedifying
A comment to that effect, by Cr Brent Weatherall, was withdrawn — as was his next thought: "The decision today may cost council huge legal fees, with possibly a year of litigation."
The council had received legal advice behind closed doors earlier in the meeting and, soon afterwards, Cr O’Malley read a statement.
He had made critical public statements last month about people who made submissions to the process.
"I regret making those statements and, because of them, withdrew from early participation in the hearings panel and at the council," he said.
"I've had time to consider their impact and reflect on them."
Last month, Cr O’Malley sat back as his colleagues voted 7-7 and Dunedin Mayor Jules Radich then used his casting vote to prevent proposed parking changes in the area from being approved.
He pledged to approach the issue with an open mind.
"I feel I can now participate and vote on this item."
The project has been described by the council as providing a safe walking and cycling connection between Te Aka Ōtākou (the harbour shared path) and Dunedin's tertiary education area and central city.
It has been embroiled in controversy relating to consultation and potential loss of carparks.
After last month’s decision not to go ahead with proposed parking changes, Cr Christine Garey filed a notice of motion to revoke that call.
There were compelling reasons for the project to proceed from a safety perspective, Cr Garey said at yesterday’s meeting.
"This is around safety for cyclists and connecting our existing cycling infrastructure we've already invested in."
The need to reseal Albany St was considered urgent.
Walking away from $1.5million of funding assistance from NZ Transport Agency Waka Kotahi would be problematic, as such funding would be distributed to other places, she said.
It would also harm the council’s credibility for future funding.
Her notice was signed by Crs Marie Laufiso, Steve Walker, David Benson-Pope and Mandy Mayhem.
Cr Weatherall did not hold back.
"I have no respect for any of the five councillors who have supported this motion," he said.
Cr Weatherall pointed to next month’s election.
"This is simply a disgraceful, sour-grape motion and a complete waste of council time and money.
"I hope it costs its supporters dearly."
He ventured into legal matters.
"From what I’ve heard today, the legal opinion has not changed from the legal opinion we heard three weeks ago publicly," Cr Weatherall said.
"Cr O’Malley’s decision to now partake, against legal advice, is wrong."
Cr Garey raised a point of order, which was upheld, and Cr Weatherall withdrew the comment.
After mentioning possible litigation from cycleway opponents, he finished his speech.
"Cr O'Malley has made this decision a circus," he said.
"In my view, it is all about sour grapes by those who lost the last vote."
Cr Benson-Pope said the previous decision was a gross error.
The council heard 48 carparks might be lost, but the resolution also directed staff to "prioritise and report further on the establishment of up to 30 additional parks in adjacent streets".
In the public forum part of yesterday’s meeting,
Otago University Students’ Association president Liam White, speaking in a personal capacity, said supporting the university with infrastructure was "supporting Dunedin itself".
"This plan ... would create a true gateway to the university, rather than a road that divides us from the rest of the city."
Liquorland franchisee Chris Hart said the project had been marred by poor consultation and planning, impeding the viability of businesses in Albany St.
What they said
"We have a design that has been thoroughly consulted on, thoroughly looked at by experts, and what we now need to do for the greater good of this city is say yes to it."
— Cr Christine Garey
"We should aim to be the most accessible and safe city in New Zealand, especially for our student population."
— Cr Sophie Barker
"I think the previous decision was a gross error."
— Cr David Benson-Pope
AGAINST
"In my view, it is all about sour grapes by those who lost the last vote."
— Cr Bill Acklin
"The decision today may cost council huge legal fees, with possibly a year of litigation."
— Cr Brent Weatherall
"The improvement of that area should be primarily focused on pedestrians — not on cycleways."
— Mayor Jules Radich
How they voted
Revoking the previous Albany St decision.—
For (8): Crs Sophie Barker, David Benson-Pope, Christine Garey, Kevin Gilbert, Marie Laufiso, Mandy Mayhem, Jim O'Malley, Steve Walker.
Against (7): Mayor Jules Radich, Crs Bill Acklin, Carmen Houlahan, Cherry Lucas, Lee Vandervis, Brent Weatherall, Andrew Whiley.
