NAPIER MUNICIPAL COUNCIL.

Daily Telegraph (Napier), Issue 2974, 6 January 1881, Page 2

NAPIER MUNICIPAL COUNCIL.

The ordinary meeting of the above Council took place last evening.

Present: The Mayor (in the chair), Councillors Monteitb, Swan, M'Vay, de Lisle, M'Kay, M'Dougall, Ellis, Cotton, and Leonard. The minutes of the previous meeting weie read and confirmed. A certificate was read from the Returning Officer to the effect that John W. M'Dougall had been duly elected a Councillor for the Middle Ward. The Mayor stated that Cr. M'Dougall had made his declaration in the usual way. chaucer-hoad railway. Cr. de Lisle moved, " That the rails of the Chaucer-road railway be lifted forthwith." Cr. M'Vay seconded the motion. Cr. de Lisle said the railway had now been down for Borne 15 or 18 months, and it was a great inconvenience to the residents in Chaucer-road and Thackeraystreet. He had been asked some time before to speak on this matter, and he had brought it forward in the Public Works Committee. He was there informed that Mr Davis was just finishing his contract, and the railway would be lifted by the latter end of December. It had not been so lifted. It had been stated that Mr Davis would be able to tender for the Borough contracts lower than anyone else if allowed to keep down the rails, and it was thought desirable to put up with the inconvenience so as to save money to the Borough. This had turned out to be a fallacy, as in tendering for No. 5 contract he was £1200 higher than the lowest tenderers. If they could knock that amount off their tender, and still make a profit, he should think it a very profitable business. The ran way was of no earthly use to the Borough, and a ereat inconvenience, being dangerous to life and limb. He should move that it be lifted forthwith. Cr. Ellis thought Mr Davis ought to have a week's notice. The railway had been down long enough. Cr. de Lisle : Oh, certainly!

Cr. Monteith asked whether any of the tenderers for No. 5 contract had asked for the use of the railway.

The Mayor replied in the negative

Cr. Swan moved, as an amendment, and Cr. Leonard seconded, that the words " forthwith " be altered to " so soon as his contract be completed." The Mayor said he had no doubt that,

_—i ;J as soon as Mr Davis finished his con 'act rf c 3 he would lift the rails. He wouli ' befinished in a day or two, and he thought the week's notice met every objection. Cr. Leonard thought it was very hard \ to make Mr Davis remove the rails before i his contract was finished. It would be a very arbitrary measure. "'" Cr. Mc Dougall said he should like to add to the motion a clause to the effectthat when the rails were taken-up he,?would have to put the road in'goocLr*repair. Since the last discussion in the Council on the matter he had greatly encroached on the road. *''"- The Mayor said that was the Engineer's duty, and he would see the road put in good repair. The original motion was altered to read within seven days from date, and put to the meeting and carried. Cr. Swan's amendment was negatived. ELECTION OF MUNICIPAL ENGINEER. Cr. McKay moved, " That the motion appointing an Engineer at the last meeting of the Council be rescinded, and that a competent locel engineer be appointed with the right of private practice." Cr. de Lisle seconded the motion. Cr. McKay said, as Councillors were all aware, after passing the resolution at ,j» the last meeting of the Council under such extraordinary circumstances, and in a manner unparalleled in our times, he at once tabled a motion to have it rescinded. The more he had studied the matter the more he was determined to adhere to the course he was now pursuing, more particularly when a large majority of the ratepayers in the Borough endorsed his viewk Cr. Swan : Query ? Cr. McKay said there was no query ; it was a fact. He found no fault with Councillors for changing their minds when they were atle to give good reason for so doing, but what he objected to was that, after Councillors had spent several hours in the Public Works Committee and decided to bring forward a report and recommend it— Cr. Swan: No. Cr. McKay here turned round to Cr. Swan, and told him he did not wish to be interrupted and that "he had better keep his powder dry." Cr. McKay again addressed the chair, and said Cr. Swan should study courteous habits, and not interrupt speakers. He stated facte, and it might grate upon Cr. Swan's feelings, but as Chairman of the Public Worka Commitee he came to the last meeting, and when the report was read, with the" 1 *" blandest fase he got up and asked for its withdrawal, condemning all they had done at tne other meeting. To secure his ends he actually sent the messenger for Cr. Leonard, who was not present, to come and vote, as he had not got the whole bevy round to vote in his way. Cr. Ellis rose to a point of order. He objected to the word " bevy." 1 The Mayor suggested its withdrawal. Cr. McKay, turning round to Cr. Ellis, said it was only an imagination of bis. He would be very much obliged if he would command his temper. (Addressing the chair) : As he found that the Councillors tempers were so dominant he would be more careful for the future so as not to offend. As he was saying, Councillor Swan came to the meeting, and, ignoring the whole proceedings of the Public Works Committee, proposed a gentleman as Engineer who was only mentioned by himself in Committee, and by some means he got sufficient backers to carry his motion. The proceedings were unconstitutional. If the Public Works Committee were allowed to sit and deliberate over the affairs of the Borough for hours at a time, and then come into the Council and ignore all their recommendations, the ratepayers would think them a lot of children ; and when one of their chief fathers set the example what must they think ? He trusted that Councillors would see with him that such unconstitutional procedure ought to be put down. He had nothing to say against Mr Marchant, but he objected to the manner in which the whole business had been carried out. Cr. de Lisle considered the rescinding of the resolution but an act of justice. The Public Works Committee met, and —not by a bare majority, but almost unanimously — resolved to recommend the election of a local man. It was a majority of four out or six, and for some reason or another they came there with their minds changed, and resolved to elect a man from Wellington. When they bad competent local men amongst them it was only fair to give them a chance. He had yet to learn that Mr Marchant was in any way superior to the four local men. He was not weddedi# to Mr Lamb in particular, but Messrs Saunders, Lessong, and Atherton, were also good, and why then import a man outside the Borough ? If Mr Marchant was, as some of the Councillors said, such an excellent man, why did he take a small appointment like theirs ? He ought to have by this time a good private practice in Wellington. The motion he was supporting had the sympathy of the ratepayers, and of all those who had spoken to him on the subject he had not heard a dissenting voice; they were almost unanimously in favor of the motion.

Cr. Leonard asked whether everything done in that Council was done in accordance with the Municipal Corporations Act ? The Mayor replied in the affirmative. Cr. Leonard said, in that case, they could not discuss the motion that evening, he would refer them to clause 80 of the Act, which provided that, before revoking a resolution of the Council, seven days notice must be given to each Councillor, and in this instance it had not been given. The Mayor said the notice of motion bad been postsd up in the Corporation office since last meeting. Cr. Leonard contended that each Councillor ought to have had it sent to him seven clear days before the meeting. His notice was dated the 31st December, and that was not seven days, and consequently not in accordance with the Act. The Town Clerk stated, in reply to the Mayor, that Cr. M'Kay had given notice on the 24th of the month, but owing to the holidays the notices had not been sent through the post till the 31st. The Mayor said, under these circumstances, the business was informal, and could not be gone on with, as only six days notice had been given. Cr. M'Kay said he saw that his motion was over-rated upon a technical objection, and drowning men would catch at straws. * He would move for a special meeting being held to consider the matter. The Mayor said that could be arranged for at the termination of the meeting. Or. Monteitb asked whether it was not usual for the Town . Clerk to see TSe resolutions of the Council carried into effect. The Mayor replied that he would explain all in good time. What he had done had been in the interests of the ratepayers. The outward correspondence was then read, and on coming to the letter written by the Town Clerk, in accordance with tie resolution of the Council, acquainting

Mr Marchant with' his appointment, the Mayor stated that, in accordance with a petition received by him from a majority of the Councillors, be had ordered its detention. He thought it his duty to keep it back, for, if forwarded, all affairs would be upset and there would be a Jr claim for damages upon the Council. Cr. Leonard thought the matter should be sent back to the Public Works Committee for reconsideration, as there were only six present at the former meeting, and-, now they could make a second recommendation.

The Mayor said the Councillors who had signed ; the petition were a majority of the Council, and it was his duty to withhold the letter.

Cr. Leonard asked to hear the latter read, aod asked if any communications had been received from Mr Marchant.

The Mayor replied that a telegram had been received from Mr Marchant.

Cr. Ellis asked what clause there was in the Act empowering anyone to withold such an intimation.

The Mayor replied that he had withheld it upon his own responsibility, and whether he had done right or wrong he would put it to the ratepayers. It had been done in their interest, and the Public Works Committee, it must be remembered, did all the work of the Council.

Ellis said someone was taking arbitrary power upon themselves, and it was time the majority of the Council resigned. Cr. Monteith asked if the Mayor could show how a saving would be effected to the Borough. The appointment was as legally made whether notification was sent by the Town clerk or not.

Or. McKay : That is only your opinion

The Mayor said it was a point of law which he could not decide. He thought that, until Mr Marchant received official notification from tbe Town Clerk, tbe Council were not liable for any damages.

Cr. Swan said the Mayor's action was completely the reverse of saving money to the Borough. He bad it on good authority that, if the appointment was cancelled, Mr Marchant would have a substantial claim against the Corporation for damages.

Cr. McKay: That is your opinion. Cr. Swan said he was not giving his opinion, he was giving a legal opinion which he had obtained, and Mr Marchant had a just and equitable claim for substantial damages against the Corporation. If his appointment were revoked, it would entail upon the Borough a ruinous lawsuit. He would propose " that the letter be at once forwarded to Mr Marchant, in conformity with the Act."

Cr. Monteith seconded the proposition.

Cr. Ellis suggested that the words " with an apology," be added to the resolution.

The motion was then put to the meeting, with the following result:—Ayea : Crs. Ellis, Cotton, Leonard, Swan, and Monteith. Noes: the Mayor, Crs. Mo Vay, McKay, de Lisle, and McDougall.

The Mayor said, in giving his casting vote with the noes, he thought the action he had taken in this matter a right one. He would not be guided into anything until the whole thing was proparly defined, and until such a time as the appointment was properly decided upon. The motion was therefore lost, and the letter will not be sent. CORRESPOND ENCE. The following correspondence was read and considered: — From Mr J. A. Smith, Hon. Secretary to the Napier Hospital, stating that the election of two members to represent tbe Municipal Council on the Hospital Committee should take place on or before the 9th of January. Crs. de Lisle and McKay were appointed to represent the Council on the Hospital Committee. From the secretary to the Napier Harbor Board, stating that steps were being taken to abate the nuisance at the Spit referred to in a petition from a number of ratepayers. From Cr. McVay tendering his resignation. From Mr Cornford (in the absence of the Municipal Solicitor), stating that in his opinion Cr. M'Vay had no po~v,er to withdraw his resignation, and that the Town Clerk should carry out the provisions of section 46 of the Regulation of Local Elections Act. From F. C. Howard, secretary to the Volunteer Fire Police Company, offering, by direction of Captain Balfour, the services of that company to the Corporation. —It was resolved, on the motion of Cr. Leonard;; to accept the services of the company, and the Town Clerk was directed to convey the thanks of the Council to Captain Balfour. Prom the same, requesting the Corporation to provide a lantern and belt for the use at fires of each member of the Fire Police Company. A letter was also read from Mr Kemsley endorsing the request of the Fire Police Company, and recommending that the lamps and belts should remain the property of tbe Corporation, and be subjected to quarterly inspection.—Both letters were referred to the Public Works Committee. From Mr Kemsley, Fire Inspector, forwarding the quarterly balance-sheet of the Napier and Spit Fire Brigades. From Mr Hutchison, Mayor of Wellington (telegram), stating that Mr Marchant had received no communication respecting his being appointed engineer to the Napier Borough.— The Town Clerk stated that he had replied that the appointment was still under consideration. From Mr Nicholas Marchant, Wellington, (a telegram) asking when he was expected to assume the duties of engineer, and stating that he was preparing to leave at once. public: wobrs committee's report. The following report from the Public Works Committee was read : — 1. That with regard to tho Chaucer-road encroachments the Town Clerk be directed to "write to Mr Ellison asking him to furnish his plan, with a view to the adjustment of this question. 2. That the Council vote tho sum of £30 5s 6cT as a grant in aid for the purpose of making the Uavclock-road cutting and filling in a portion of Spencer-road, provided the contributors be willing that the money subscribed by them should bo expended in that way.

3. That the lowest tender, viz., that of Glendinning and Griffin, for No. 5 contract, be accepted (amount £5402).

4. That the consideration of tho report of the engineer relative to a new road from Miller-street to Wellesley-road, with a view to water supply, be ordered to stand over till next month.

5. That tenders for printing, and for advertising at per inch (in one paper only), for 12 months, be invited.

6. That Mr Griffin, contractor, be informed, in reply to his application, that tho Council cannot remit any penalties clue on his contract.

7. That the works proposed by the engineer in his report bo authorised.

8. That a stand-pipe be erected at the corner of Coote-road and Thompson-road.

9. That £5 per annum be added to the salary of the messenger.

10. That the vouchers for expenditure for December be passed and ordered to be paid.

Clauses 1 and 2 were adopted without discussion

On clause 3 being put, Cr Monteith said he shouid oppose it, and more for its beiDg expunged.

Cr. McKay seconded pro forma. Cr. Monteith said the Council had always been under the impression that the drainage works were carried out on Mr Napier Bell's scheme, and he thought that in this contract the engineer was deviating considerably from the original plan, and in such a manner that it would involve the extra expenditure of some thousands of pounds. He believed that to be tbe case, and it it was so the hills stood a very small chance of getting their water supply. He would also ask that the engineer be instructed to lay before the Council in writing what deviation was being made, and how much extra expenditure it would involve.

Tbe Mayor thought this a most peculiar time to bring such a matter up when tenders had been called for and sent in. Why did not Cr. Monteith raise this question when the plans were before tbe Public Work's Committee ? There was, he knew, a slight deviation from the original plan, but he thought nothing could be done in the matter now, and they ought not to delay the work. The price of the tender was far below what they estimated it at. Cr. Monteith said " Rome was not built in a day," and he had not found these things out when at the Public Works Committee; but, on the principle of" better late than never," he now brought it up. He believed that the original plans provided for an open drain.

Or. Ellis said be should support Cr. Monteitb. Tbey were riow on the eve of having a new engineer, and the Borough would suffer,/ nothing if the works were suspended [for a fortnight. If, as Cr. Monteith alleged, mistakes had been made, they ought to see into it.

Cr. McKay said the engineer bad explained the matter at the Public Works Committee meeting, and said that the minimum cost of covering in the drain would only amount to £500 over Mr Bell's scheme, and in a sanitary point of view he thought it better to have the drain covered in, as the cost was so small. He thought there would be no harm ia postponing the matter to make everything sure. Cr. McDougall considered the work ought to be proceeded with at once. A bad one finished would be better than a good one unfinished. It would be doing a very great injustice to a large number of ratepayers to delay this work, and he did not believe in bringing up a report from the Public Works Committee, which was composed of the whole Council, and then altering it in Council; it was childish.

Cr. McVay thought, before any Councillor could expect them to alter their minds, he should bring forward some good reasons for their doing so. It was not sufficient to say. " I believe," &c, and it was unfair to ask them to re-consider the question. It would entail considerable expense to the borough in the preparation of new plans, and it was unfair to contractors, as they had sent in their tenders, and practically" shown their hand."

Cr. Monteith said he was bound to say he never could get any definite information. The engineer said the extra cost would not exceed £500, but his intimation was verbal. Say it did only cost that, it was a very bad principle that allowed him to be able to deal with the Corporation money like that. Tne extra expenditure should have come before and been sanctioned by the whole Council. As to the plans being before the Committee, Councillors are not engineers to be able to ttll from a plan when any great departure has been made. The engineer has admitted £500. He was not for having an open drain, but he felt perfectly satisfied that Councillors did not understand the departure that had been made from the original plans. He would like this question deferred till they did. The Mayor said the plans had been before them for about two years. Cr. Monteith replied that the majority of the Councillors had only been in office three months. The amendment was put to the meeting and negatived, the noes being Crs. Monteith, McKay, and Ellis. The clause was then carried. On clause 8 being put, Cr. Leonard moved that tbe messenger should be paid £40 a year instead of £35 a year as proposed. This was negatived, and the clause passed. All the other clauses passed without discussion or amendment. The Council then adjourned. SPECIAL MEETING. A special meeting was held soon after tbe ordinary meeting to adopt the new building regulations. All were present excepting Crs. Leonard and Cotton. BYE-LAWS. To bye-law No. 19 two fresh clauses were added—one, providing that in the construction of verandahs the portico should not be less than 8 feet from the ground ; and the other, that all porticos should be constructed in accordance with a plan deposited at the Town Clerk's office. It was also decided that the bye-law should come into operation on the Ist of July, 1882, instead of the Ist of July, 1881. In bye-law No. 2, relating to bathing, an alteration was made restricting bathing in the sea within the area from the Coote-road round the Bluff towards the Spit. In other waters an alteration was made permitting bathing in the TutaeKuri at all hours at a distance of 300 yards from a public road.

The bye-laws were then adopted, and the meeting terminated.