NAPIER MUNICIPAL COUNCIL.

Daily Telegraph (Napier), Issue 3485, 7 September 1882, Page 2

NAPIER MUNICIPAL COUNCIL.

Wednesday, Septembbk 6

The Council met at 8 p.m. Present: His Worship the Mayor (chairman), Crs Monteith, Wall, de Lisle, Graham, Cotton, Ellison, and Lee. ENCROACHMENT OF GOVERNMENT BUILDINGS. Cr de Lisle moved, pursuant to notice, " That the Town Clerk be instructed to write to the Colonial Secretary informing him that the Supreme Court buildings and the Post Office are encroaching upon the public streets, and that, unless steps are taken for their removal on or before September 30th, the Council will remove the obstruction, and proceed against the Government for the cost." Cr. Monteith seconded the motion. Cr. de Lisle reminded the Council that the Colonial Secretary had been notified of the encroachments referred to some six months ago, when the only reply the Council had received was an acknowledgment of its letter. Since then (some weeks ago) the Town Clerk, under official instruction, wrote again to the Government calling attention to the matter, and no notice whatever had been taken of that communication. It was evident, therefore, that the intention of the Government was to take no action in the matter. He might point out that the road in front of the Supreme Court buildings could be made a very fine promenade were it not for the encroachment of those buildings, which also marred other buildings that were set back to their proper frontage, the owners being debarred from having a road formed up to their fences. The Post Office wa_ perhaps not so seriously in the way, bat it was encroaching nevertheless, and should, therefore be removed. The Government had tried hard to cajole the Council out of the present offices, and when that failed they had endeavored by private correspondence to obtain an expression of opinion as to what arrangement would meet the Council's views in the matter. He thought the Government deserved a Rowland for their Oliver. He hoped the motion would be carried unanimously, so that the Government might see the Council had not been boasting vainly or talking " buncome." Cr. Ellison opposed the motion on the ground that the utility of the undertaking had not been demonstrated. Councillors should remember they had other public interests to serve besides those the Council called upon them to administer. It had not been 6bown either that the Council had any legal right to do what was proposed, and at least one map he knew of bore out the position on. which tbe Supreme Court buildings were erected as the right one. Again, if the Supreme Court buildings were encroaching on the street, so also was the Fire Brigade station, which belonged to the Council. Respecting the Post Office, that encroached on Browning-street only, a street that was little used, and a removal would necessitate tbe buildings being carried further up Shakespeare road, and so diminish in width a much-osed thoroughfare. In any case it would be highly impolitic to show a spirit of antagonism towards the Government, as Napier would have to suffer for it on a future occasion, and the cost of the removal at any rate would certainly be debited to us in tbe allocation of public money. A safer plan would be to wait a while, and better terms might then be made with the Government. Cr Lee agreed with the remarks that had fallen from the previous speaker. Cr Margoliouth said it seemed that Cr Ellison took it for granted that his (Cr Ellison's) knowledge was a sufficient excuse for the wide statements he had just made. Had Cr Ellison taken tbe trouble to consult the oldest map of the town in exisience he would have found that the Supreme Court buildings encroached on a road known as Beach-road. With KB-

pect to the suggestion that the Council should wait until the Government offered it terms, he did not believe himself that it was advisable to " beard the lion in his den," but no person who had seen the plan, could have any doubt of the encroachment, and the Government had no more right to encroach on roads than private individuals. He would have preferred that Cr Ellison bad left his technical knowledge out of the question, as it was quite evident that that councillor knew nothing whatever about the matter. Or. Graham took exception to Cr. Ellison's remark that " councillors had other interests to serve." He (the speaker) did not consider he was there to serve any other interests than those of the ratepayers of Napier. (Hear, hear). The Government had encroached upon the public streets, and if Cr. Ellison thought the Council would allow them to do »o with impunity he was mistaken. Cr. Ellison wished it understood that he did not dispute that there were encroachments. Cr. Monteith strongly sympathised with Cr. deLisle's motion, although he had only seconded it as a matter of form, and would vote against it. In his opinion it would be better to let the 1 matter rest until the new survey of the town was completed. If the motion were passed now, it might place the Council in the position of making a threat without the power of carrying it out. Cr. Cotton thought that to adopt the motion would be to take a leap in the dark. The opinion of the municipal solicitor should first be taken. Cr de Lisle, in reply, said, with reference to Cr Ellison's remarks, that he was not before aware that the Government adopted any rule in the allocation of public money. He thought Cr Ellison had not watched carefully tbe horizon of events in New Zealand politics, or he would have observed that those districts that asked the most received tbe most. He did not believe the Government would carry out the work of removal, but he had an idea they would offer tome compensation instead. Why should not private individuals be allowed to have their fences up to the same frontage as tbe Supreme Court buildings, and make lawns in front of their houses ? Respecting the Post Office he failed entirely to see how the removal of that building to its proper frontage would affect tbe width of Shakespeare road, as suggested by Cr Ellison. It was one of those things "no fellah could understand." The Council divided on the motion, which was negatived, three voting for and five against it. Cr. Cotton moved that the Town Clerk be instructed to inform the Government that the railway goods shed at Port Ahuriri encroaches on the public road 15 feet, and to ask them to remove it. Cr. de Lisle seconded the motion. Cr. Cotton that he was in a difficulty, as the maps did not agree. In tbe one in the Town Clerk's office a 33 feet road was shown ; but in another no road at all was shown—the whole ground in that appeared to belong to the Railway Department, and the road was used only on sufferance. After a short discussion the motion was withdrawn to enable the matter to be inquired into. KEW BYE-LAW. Cr. Monteith moved that clause 2 of bye-law 2 be repealed, and that the byelaw as drafted by the municipal solicitor be substituted. Cr. Lee seconded the motion. ' Cr. Monteith said the motion was necessary, as the old bye-law was not only ambiguous, bufc went outside tbe law. The clause provided that earth closets should be used, and that in tbe event of any householder neglecting to ■rect such an earth closet the Council should erect one and charge him with the cost. The intention of the new bye-law was to give the Council power at any time to abolish any cesspit in tbe borough by simple resolution withoat going to all the trouble that heretofore had to be entailed. The motion was carried unanimously. MANAGEMEHT OP RESERVES. Cr. Ellison asked permission to withdraw a notice of motion standing in his name advocating the incorporation into the Land Bill of a clause enabling any public body owning reserves to hand them over to the Waste Lands Board for management, but as Cr. Margoliouth objected to its withdrawal the motion was put to tbe meeting and lost on the voices. THE CORPORATION WATER-CABTB. Cr. Wall moved, and Cr. Ellison seconded, " That arrangements be made forthwith for watering the streets from 7 a.m. daily when necessary." Several councillors spoke in favor of the motion, and condemned the manner in which the watering of the streets had been carried out heretofore. The motion was carried unanimously. CORRESPONDENCE. Fr»m Messrs McEwan and Co., Glasgow, advising shipment of balance of "waterworks plant per Wave Queen. From the secretary Napier Harbor Board, in reply to a letter of the Council re the question of harbor accommodation, stating that tbe Board had decided to call for competitive designs as requested. PETITION. " A petition from residents in Goldsmith road was presented by Cr de Lisle, praying that the line leading to Battery-road, which is at preßeat in a dangerous condition, be put in a proper state of repair as soon as possible. The petition was referred to the Municipal Engineer to report to the next meeting of the Public Works Committee. PUBLIC WORKS COMMITTEE'S REPORT. The following report from the Public Works Committee was read :— Your committee having met pursuant to notice beg to recommend the Council to give effect to the following :— 1. That the following tenders for the filling in of certain town sections enumerated below be accepted, subject to the condition that the municipal solicitor is of opinion that the various amounts chargeable thereon can be legally recovered from the different owners or occupiers thereof: —King and Smale, sections 164b, £39 ; 165b and c, £61; No. 200, £70 15s. Taifc and Mills, sections No. 156, £85 ; No. 243 A, £27 15s. Glendinning and Griffin, section No. 360, £384 7s 6d. W. A. Anmer, section No. 201, £97. P. Wilson, sections Nos. 49 nnd 50, £67. 2. Tbafc the tender of Mr W. A. Amner for the formation, &c, of a footpitb on the Milton-road for £5 15s per chain be accepted. 3. That fresh tenders for cartage for the Corporation to the 3isfc December next be invited. 4. That the boundaries, as set forth in Cr. Margoliouth's resolution of the 7fch August and marked on the plan A forwarded therewith, limiting the abolition of cesspits to the flats only, be adopted. 5. That with reference to Mr Crozier Graham's application for the repair of the steps known as "Jacobs' Ladder" he" be informed that the Council regret they cannot accede to his request. 6. That with reference to clause 6 of the engineer's report, a reward of £5 be offered for the conviction of the person or persons who broke the gas lamp in Carljle-streefc at Owen-street corner. 7. That tenders be united for the dig-

il ging of the pipe trenches as suggested by _ the engineer in his report, t 8. That numerous accidents having oc--8 curred along the Spit-road, known as Wage home-street, a notice be served upon the . j Napier Harbor Board directing them to fence t their reserves (inner lagoon) abutting on the said street. 9. That the municipal engineer be instructed to proceed with the channelling in 8 Wagborne-streefc as recommended in his > supplementary report. 10. That the reports of the inspector of 6 nuisances and of the overseer of roads be adopted. 11. That the vouchers for expenditure i during August be passed and ordered to be c paid. a Clauses 5, 6, 7, 9, and 11, were adopted f without discussion. On clause 1 being read Cr. Wall said J he thought only those sections should be i filled in for which the owners consented ) to pay the cost, except in the case of the section (No. 1648.) behind the house t lately occupied by Dr Gibbs, which ■ should be filled in and proceedings taken to recover the cost, so that it might be a I test case. He moved " That the tender ! of Messrs King and Smale for section i IG4B for the sum of £39 be accepted for ) the present, and the amount recovered in ■ the usual way from the owner." s Cr. Monteith seconded the motion. ■ After some discussion the Council i divided on the question. Ayes, 4—Crs. '• Monteith, Wall, Ellison, and Cotton. Noe», 3—Crs. de Lisle, Margoliouth, and ■ Graham, i Cr. Wall's amendment to the first clause of the report was therefore carried. On clause 3 being put, Cr. Monteith moved that the following words be added :—" Conditionally upon the owners of the properties fronting upon same paying half the cost as required by by-law No. 9." Cr. Wall seconded the amendment, which was carried, Cr. Graham dissenting on the ground that other footpaths, notably one to a certain councillor's house, had been formed at the sole cost of the Municipality. Cr. Wall moved as an amendment to clause 3 that the tender of Messrs Glendinning and Griffen for carting to the end of December be accepted. He said the Council was in possession of further information on the subject now than when it was considered in Public Works Committee. Cr. Margoliouth dissented, and urged tnat fresh tenders should be invited. He was surprised at Cr. Wall changing his mind so soon. Cr. de Lisle remarked that the maD who seldom changed his mind was a wise man, but the man who never changed it was a fool. He would support the amendment. The amendment was then put and carried, Cr. Margoliouth still dissenting. On clause 4 being read Cr. de Lisle said he would oppose it, as he believed the abolition of cesspits should extend to the whole borough if to any part of it at all. The Council divided, and the clause was adopted by four to three, Crs. Monteith, Wall, and de Lisle voting against it. In connection with clause 10 the reports of the Eoad Overseer and Inspector of Nuisances were read. Cr. Monteith said, if the absence of any mention of nuisances in the latter report indicated their non-existence, and if the report were a true one, the town was to be congratulated on its improved sanitary condition. He happened to know, however, from personal experience, of several very conspicuous nuisances that existed in various parts of the town, and yet there was not a word about them. He would therefore move as an addition to the clause, " That numerous complaints having been made of the existence of nuisances within the borough, the inspector be instructed to make a more complete monthly inspection, and report all such cases as may come under his notice." Cr Wall seconded the motion. The Mayor suggested that the Council should appoint an officer of public health. He should be a qualified medical man, and should not only inspect any place that might be brought under his notice by the inspector of nuisances, but also advise the Councilj)n,the health of the borough. He hoped the members of tbe Council would think (he matter over before the next meeting. Cr Monteith's motion was then carried unanimously. FINANCE. Tbe balances to credit of the general and sppcial accounts were stated to be £2342 15s 5d and £1720 lis 9d respectively. Out of these amounts the following vouchers for the month were ordered to be paid : —General, £2689 13s 2d ; loan, £2133 15s. RAILWAY STATION ACCOMMODATION. Cr Monteith moved, by leave without notice, " That a telegram be forwarded to Mr Buchanan, member for Napier, requesting him to point out to the Minister for Public Works the great inconvenience and discomfort the public of this province suffer through inadequate accommodation at the Napier railway station, and (in view of the increasing traffic and approach of the busy season) to urge upon him the necessity of taking immediate steps towards the erection of new and commodious station buildings of a character commensurate with the requirements of the place, and that Messrs Sutton and Smith be requested to support Mr Buchanan in the matter." The motion was seconded by Cr Wall and carried unanimously. The Mayor remarked Cr Monteith was entitled to the best thanks of the Council for bringing this matter up. The Council then adjourned.