AKAROA BOROUGH COUNCIL.

Akaroa Mail and Banks Peninsula Advertiser, Volume 2, Issue 191, 17 May 1878, Page 2

AKAROA BOROUGH COUNCIL.

Tuesday, May 14. A special meeting of the Borough Council was held on the above date for the purpose of considering the annual balancesheet and .statement-, pursuant to the 133 rd section of the Municipal Corporations Act, 1876. Present—His Worship the Mayor (in the chair). Crs Annand, Waeckerle, Billens, Meech, O'Reilly, Penlington, Cullen. and Sunckell. The minutes of the special meeting held on the 29th April were read and confirmed. His Worship explained the object of the meeting. The Clerk read the 133 rd clause of the Act, also the accounts, which have already appeared in our advertising columns. The following memorandum from the auditors was read :— "°To his Worship the Mayor and the Borough Council of Akaroa. " Gentlemen,—With reference to the balance-sheet, certified to hy us, and ahout to be laid before you, we desire to explain what at first sight might appear a discrepancy, viz., that the totals of the balance-sheets for the' period ending 30th September, 1877, and that for the halfyear ending 31st March. 1878, together, exceed that for the twelve months ending at the same term. Tlie explanation lies in the fact that the former balance-sheet included more than six months, viz., the period from the incorporation of the Borough till the date named. We havo thought it better that all transactions prior to Ist April, 1877, shall be excluded from the annual balance-sheet, and that it should show what it purports to show, and that is the receipts and expenditure of the Borough for twelve months. " John Hemingway. ) . -.. « Wiggins, l- Aad,tora"May 14, 1878." The Mayor asked if some Councillor would move the adoption of the accounts as read. Before this was done, Cr O'Reilly said he would like to make a few remarks. He for one was not satisfied with the accounts as they were. Reread sec. ion 131 of the Act in which it was directed that a statement of assets and liabilities shall be prepared. The accounts, as read, did not show the true state of affairs, in that they did not show the liabilities. At the date in question there were outstanding liabilities to the amount of ___M_. These were old debts bequeathed to the Council by their predecessors. It was only right that the public should know the true state of the case, and that these debts had to be met. By the accounts presented the ratepayers would be led to believe that the only liabiliity was the bank overdraft of £96. The Clerk produced a statement of assets and liabilities. Cr O'Reilly wanted to know why it had not been incorporated in the published accounts, and did not bear the auditors, certificate. A conversational discussion ensued, the prevailing opinion appearing to be that the so-called debts could not be considered liabilities, in that they had not been passed for payment by the Council, and some of them were not admitted. A suggestion was made that, as one of the auditors was present, he should be heard .in explanation. To this Cr Sunckell vehemently objected, and said—"l move that the auditor be not heard, if any one will second it. You will be wanting to make a Councillor of him next." Cr Annand moved—"That the accounts, as audited, be passed as correct." The motion was seconded by Councillor Waeckerle. Cr O'Reilly proposed as an amendment —"That the accounts be referred back to to the auditors, in order (hat the liabilities and assets of the Borough at date may lie shown." The amendment found no seconder, and the motion was put and carried, Crs O'Reilly and Sunckell dissenting. The Council then adjourned. Wednesday, May 15. Present—His Worship the Mayor, Crs Waeckerle, Annand, O'Reilly, Sunckell, Billens, Meech, Penlington. The minutes of the last meeting having been read and confirmed, The Mayor announced the election of Mr C. W. Bridge as Councillor in the room of Mr H. .Wagstaff, resigned, and that ho had been duly sworn in. Cr Bridge h.'*e took bis seat in the Council. CORRESPONDENCE. From Mr H. H. Fenton, C.E., asking the Council to re-consider their decision with regard to the reduction of his account, as they had no right to take advantage of a mistake. Failing this, though very averse to anything pertaining to law, he should be compelled to have recourse to legal proceedings. Cr Penlington failed to see how the question could be opened again when it was once settled. There was nothing in the letter explaining the mistake, but merely alluding to it.

Cr O'Reilly thought there was no harm in considering die "account again. In fact, it were better to do so as a new Councillor was present. For himself, he would like to see the matter settled.

Cr Waeckerle explained that in the account alluded to an item had been charged for which had already been paid, and for which they held the receipt. Of course, they objected to paying for a thing twice over.

Cr Annand proposed, seconded by Cr Penlington—"Thatthe Clerk be instructed to write to Mr Fenton, referring the account back for correction.

Cr Billens as an,amendment that the Finance CoqiTni.teeiwait:on Mr Fenton for the purpose "of arrahgmg4he matter if possible, and report at next meeting. This was seconded by Cr O'Reilly. .

The amendment was then put and carried,

From His Worship the Mayor, instructing the Clerk to call a meeting of the Burgesses in terms of .."the Municipal Corporations Act, to'conside'r the question of the proposed loan.

From the Town Clerk, Christch'irch, enclosing a copy of conditions on which the 2000 acres are to be let." /" ] ?

Moved by Cr Annand, seconded i.y Cr Sunckell, that the letter be acknowledged with thanks.

From the Treasury, Wellington, referring to the balance sheet repuired to be sent in to the Government, that it is required in triplicate.

Cr Waeckerle moved, seconded by Cr Billens, that the Clerk be ordered to supply the same.

From Mr Nalder, solicitor for Mr Daniel Holding, calling attention to the damage done to his property by the removal of; shingle from Brittan-stre. t. , '

Cr Waeckerle said the shingle had been removed from one part of the street and placed on another.

Tbe Mayor asked by whose authority the shingle had been removed.

Cr Meech, Chairman of the Works Committee, said the work had been ordered to to be carried out and men were employed. The place where the gravel had been taken from was reaily a street. The men were stopped by the harbormaster, though contractors had been permitted by him on previous occasions to remove shingle from that place. The letter did not only refer to the Council's present work, but to anyone removing the shingle.

Cr OKeiily explained that the men were authorised by the whole of the Works Committee to remove shingle, but had not been watched by the Council as to the exact place where they obtained it. The Gazette proclaimed the foreshore as belonging to the Council, and they- considered that they had a right to do what they liked with the shingle on it.

Cr Billens proposed that Mr Nalder be written to informing him that no more shingle will be removed from the place in q'lestion, and that the Council will protect his client in the matter ; seconded by Cr Meech.

Cr O'Reilly thought it was a question whether the Council had any right to make such a statement, as the Harbourmaster said he had the power over the foreshore. It was explained to Cr O'Reilly that the discussion was on the removal of shingle from a street not the foreshore. The motion was then put and carried. The Poundkeeper's report for tbe month of April, amounting to £1 7s, was read and received. The Clerk stated that the amount had been paid into the Bank. WORKS COMMITTEE'S REPORT. The following repoit was then read :— " Your Committee have to report that in terms of a resolution of the Council they have carried the sea wall at Brittan-street near section 111 (Holdings) further along the street by about three-quarters of a chain, and put a culvert on the line of the west side of Jollie street to carry any storm water from this side of this street seawards. Clay has also been carted from the reserve in Pompellier-street to back up the line of Brittan street with its junction with Jolliestreet which had been washed away. To prevent its washing away again, your Committee were strongly of opinion that the upfilling should be coated with a large coating of sea shingle, but by the interferance of the Harbormaster, who objected to gravel being removed from the spot pointed out to the workmen employed, the men were delayed and the work to some extent imperfectly done. The Committee have, telegraphed to the Government for an opinion on the subject as per page of Council's Letter Book, and think it very desirable that the question should be settled whether your Works Committee have the power or not to remove shingle to low water mark as the gazetted boundary of the Borough for the purpose of repairing or forming streets.

"Summonses have since been served on the workmen employed by the Committee, and they think it fair that workmen acting under the instructions of your Com. mittee should be protected by the Council, and ask that, in adopting (bis report, if be understood thai the wnrkui.i. be defended ii) what called a breach of the harbour regulations, _c.. 48, by ihe Council. "■ "The culvert at Vangioni's ..orner in Jollie-street has been lengthened at his request. '•The account of C 7 4-. f>r ;!>■• v.-ho ,- ot tbe .ve-'v done, die Co-n i.f■'-.". on j,lc. reasonable, and rccmmeiw! is pigment. " The Cninmittcc have supplied Mr Jus. Daly with 06 feet of 12 inch glazed piping to lay before his store in Balguerie-street. The piping has been'laid at the cost of Mr Daly under the direction of the Council, so 'that at an}* future time it can be contiuiled lor drainage or sewage purposes. ' ■ " Your Committee are of opinion that it is desirable that-tenders should be invited from .suitable-.men for any day labor the Council r may require, such tenders to state the amount of wages required, and that the person accepting such engagement should be at the service of your Committee when required. It being further understood that any 'person so appointed should be capable of carrying on the duties of Foreman of any works that may come under the direction of your Committee. "(Signed) Wm. Meech. " Chairman of Works Committee." The Mayor objected to his name being mentioned as present at the Committee meeting, as he had not been there. He had received no notice of the meeting as was directed by the Act, and although he had given every opportunity for Cr Meech to give him notice by being in the room ( when the meeting was assembling, still he had received none. He had left almost immediately. On no occasion of the kind had Cr Meech sent him notice of these meetings.

Cr Meech did not consider the Mayor as being on the Committee. When the Committees were appointed, the Mayor had asked not to be made Chairman of them, as v/as usually done from his official position, and had almost insisted on being left out. However, he had been present at the meeting referred to, and his name was taken down by the Clerk.

The Mayor was astonished at the ignorance of Cr Meech. in not knowing that the Mayor was, ex-officio, a,member of all Committees. He had wished others to be appointed Chairman of the several Committees so as not to be so great, a tax on his time. He was of opinion that the meetings had been conducted it. a manner contrary to that laid down in the Act. Tlie works had been done first, and the meeting held afterwards.

Cr Meech said they couldn't very well report on tbe work before it'was done. The Mayor said they, should have held a meeting first, orcrcred the worksite be done, and then reported ; as it was he did not see how he could put the report to the Council.

Cr Meech wished the Mayor to give hi_ own-opinion as to his sitting on the Com mittees otherwise than as Chairman. He wisbedjiis opinion given without the aid of the Clerk, if that was possible.

Cr Cullen, seconded by Cr Billens, moved the adoption of the report. Cr Annand asked the Clerk to read tbe 'clauses referring to the working of Committees.

The Clerk did so, showing that it was necessary that a quorum should be present, votes taken, &c, &c.._, ) Cr- Annand saw. nothing in jthe report showing that votes had been taken, .nor a quorum present, or anything carried out in accordance with the clauses just read. Cr Meech explained that the report embodied the minutes of the meeting. The motion was then put and carried, the Mayor objecting. PAYMENTS. £ s. d. Printing 3 17 9 J. Maltby ... ... 7 4 0 W. Sims 9 5 0 Clerk's salary 8 6 8 Total... ... £19 13 5 Cr Cullen proposed, seconded by Cr Meech, that the above accounts be passed. Carried. Cr Billens said he had received a letter from Christchurch which affected tbe credit of the Council. The letter was from a Mr Cambridge, and referred to the portrait of the late Mr Scarbrough. The writer stated that he had written repeatedly, enclosing his account, but could get no reply. Perhaps the Mayor could throw some light on the matter. Cr O'Reilly said the matter could have no light thrown on it as far as the Council was concerned. It had nothing to do with them. They had never ordered the portrait. Cr Cullen spoke to the same effect. The Mayor said the whole matter was out of order. The letter was not addressed to the Mayor or the Council, and therefore was not before the meeting. Cr Penlington agreed with the Mayor. Cr Billens asked the Town. Clerk if be had not written ordering thp portrait in the name of the Council, and, if so, by what authority.

The Clerk denied having written in tbe name of the Council. He wrote under instructions from the late Mr Scarbrough.

Cr Billens produced a copy of the Clerk's letter ordering the portrait, which was signed with his name as Town Clerk.

The Clerk said that was only a copy, he would like to see the original.

Cr Billens produced the original letter, which was headed "Council Chambers," and signed as Town Clerk The Clerk acknowledged the letter and signature, but denied having written in the name of the Council. The matter was then allowed to drop. Cr O'Reilly proposed that Mr Nalder be retained for the defence of the workmen employed by the Council through the Works Committee to remove shingle, and who had been summonsed by the Harbormaster. He bad been informed that the Mayor had actually in his capacity as a a Justice of the Peace, signed, the summons against these men. Cr Bridge explained that a Justice of the Peace was obliged to sign any summons if asked by another J.P. It had noI thing whatever to do with bis position as I Mayor. He did not think they should go ! to the' expens <. of defending these men, i who had evidently removed shingle from | where they had no right to do so. I [Some considerdble discussion, of a deI sultory nature, ensued, but as the speakers ! addressed one another in any fashion they ■ pleased, the chair being absolutely ignored, j and the. Mayor's call to order being disregarded, it was impossible to obtain a faithful report.] ; : * Cr Cullai seconded the. motion, which wasf hen put, with the following result:— Ayes, Crs Waeckerle,' Sunckell, Billens, Meech, Cullen, and O'Reilly.. Noes, Crs Annand, penlington, Bridge, and the Mayor. The motion was necordinglj-carried. Cr Penlington said a vacancy existed in the Finance Committee, which should be tilled. Cr Cull..'.n proposed Or Meceh as a member >.••• ilie KiiiiHic.. Committee. Seconded by. C. S"_.>ei-eli, : .•.>•.>-.,_ ' .' .....,, Cr Penlington. seconded by Cr Billens. proposed Cr Bridge. Cr Meed) stud;he-should, like to see Cr .Bridge appointed, and he wotdd rather his proposer and seconder withdrew their pro•positioji. • • Leave was granted, and Cr Bridge was accordingly appointed. Moved by Cr Annand, and seconded by Cr Cullen, that Cr Penlington be appointed Chairman of the Finance 1 Committee,; with power to sign cheques.—Carried.' ' Cr Meech's notice of motion " That this Council, having in view the general conduct of the business of the Council since' the election of the present Mayor to office, expresses its dissatisfaction with the same, and with a view to place: the conduct of the Council on a satisfactory footing, respectfully requests him to resign the office' of Mayor of the Borough of Akaroa " then came before the meeting. Tbe Mayor said that be bad no intention of burking the motion, buthe had obtained certain legal opinion on the matter, which he would read. Cr Meech here interrupted the Mayor, and proceeded to speak to his motion. The Mayor called: Cr Meech to order, which, being disregarded, was repeated, and the Clerk ordered to make a nrte to that effect. Cr,Meech then satdown. Cr Bridge suggested it would be better to hear Cr Meech first. The Mayor said if that wajs the wish of the Council hn had no objection. . Cr Penlington pointed out that by tbe Act the motion could not be • brought forforward without having been tabled at the previous meeting, and notice beingsent to each Councillor. This had not been done; .It was the first he had heard

of it, and the whole thing was out of order. , ■ Cr O'Reilly proposed, seconded by Cr Billens. that Cr Mcccli proceed with his motion. Cr Bridge asked the Mayor if the motion had been tabled at the last meeting. The Mayor : " No." Cr Bridge .• " Had notices been sent to each Councillor?" The Mayor understood they had not. Cr Peuiington said he had received none. Cr Bridge said the question could not then come forward. He would propose that it did not. Cr Penlington seconded the proposition. Cr Annand called upon the Mayor to rule whether the motion was in order or not. The Mayor ruled it was out of order, and the motion accordingly fell through. Cr Meech then tabled the same notice of motion, to come on for discussion that day fortnight. The Council then adjourned.