NAPIER MUNICIPAL COUNCIL.

Daily Telegraph (Napier), Issue 3771, 16 August 1883, Page 2

NAPIER MUNICIPAL COUNCIL.

Wednesday, August 15

The Council met at 8 p.m. Present: — His Worship the Mayor (chairman), Crs. Lee, Cohen, Faulknor, McDougall, Neal, Margoliouth, and Graham.

COJIEESrONDENCE. Tho following inward correspondence was read :

From the secretary Napier Gas Company, calling attention to the bad state of the street lamps, the lights in which were frequently extinguished by tho wind and rain, thereby causing inconvenience to the public and waste of time of the lighter.—The Town Clerk was instructed to reply to the effect that the lamps are being replaced with new ones at the rate of five lamps per month, which the Council considers will meet the difficulty complained of. From Mr W. C. Smith, M.H.R., re the removal of the railway goods shed at Napier to a more convenient position, stating that a deputation had waited on the Minister for Public Works respecting the matter, and that tho latter had promised to give it his consideration.

From the Railway Department, stating that the removal of the goods shed at Napier could not be entertained, as it would entail considerable cost, besides seriously impairing the convenience and efficiency of the traffic working.—Or. Neal said it seemed strange that the Minister for Public Works should promise Mr Smith to consider the question on the 3rd, and then write on the Oth refusing to entertain the application. That did not afford time for consulting the railway engineer at Napier. From Mr J. Buchanan, M.H.R., also on on the subject of the removal of the railway goods shed, explaining that the Council s letter reached him too late to enable him to meet councillors to confer on the matter prior to his departure for "Wellington.—Appended to Mr Buchanan's letter was tho reply of the Under-Secretary for Railways, diited 4th instant, to Mrßuch.iunn, positively declining to entertain the proposed removal of the shed. IVomtho Commissioner of Crown Lands, Napier, notifying the Council, by direction > of the Minister of Lands, that tho Government cannot allow any additions to be made to the offices occupied by the Corporation.

and stating that the Corporation will receivo another intimation as to when the 4 rooms at present in possession of the Council officials will be required by the Government for the purpose of providing additional ac•omtnodation for the Land Transfer and Deeds Department.—Dealt with in Public Works Committee. From Messrs Gleudinning and Griffin, •with respect to Mr Taylor's complaint read at last meeting, denying that they had in any shape obstructed or interfered with the waterway in North street, and further stating that they were the parties actually aggrieved in consequence of the flow ot water from Mr Taylor's laud, which had damaged their trucks and tramway. Messrs Glcndinning and Griffin also asked that MiTaylor be required to open up the road he had just fenced across at Mr Dolbel's boundary. —Cr Margoliouth said the whole thing was a neighbor's quarrel, and the parties concerned should be allowed to fight it out in a court of law. It was not worth wasting the time of the Council over.—Cr. Neal took quite a different view of the matter. Every ratepayer had a right to claim the protection of the Council, and_ if any obstruction existed it was the Council's duty to see that it was removed. He would move that the matter bo referred to the Public Works Committee.-—This was agreed to, Cr. Margoliouth alone dissenting. From Mr \V. Miller, chief fire inspector, forwarding particulars of cost of additions to the Spit brigade station as requested by the Council. From the same, recommending the purchase of 500 feet of hose, at a cost of about £03, for the Napier brigade.—Dealt with in Public Works Committee. From the Municipal Engineer, directing attention to the fact that a house was being erected in Coote road for which no permit hud been obtained. The name of the owner was Cottroll, and the builder Purccll.—Cr. McDougall moved that Mr Cottrcll bo informed that he is infringing one of the borough bye-laws in building without a permit.—Cr. Graham protested, saying it was the duty of the Corporation officers to see that tho bye-laws are complied with. Ignorance of tho law was no oxcuse.—Mr Margoliouth held views similar to those of Cr. Graham. He was astonished that councillors should consider it necessary to discuss the matter at all. Tho bye-law affecting the subject should have been enforced without consulting the Council.— Cr. Faulknor thought it high time the byelaw was repealed. The building regulations gave the Council ample powers with respect to now premises without it. As the law stood at present it was necessary to obtain a permit before even a shed or a wash-house could be erected.—Or. Cohen objected to "class legislation." The engineer had had his attention drawn to much larger buildings than Mr Cotterell's that were erected in contravention of the bye-laws, and he had taken no action. [Cr. McDougall: Name.] He would name one—Mr Holt's now build-

ing.—Cr. MoDougall would bo happy to include Mr Holt's name in his motion. He did not desiro to make any distinctions. It had been said by two councillors that it was tho duty of some officer of the Corporation to see tho bye-law enforced. He (Cr. MeDougall) would like to know who that officer was f It was certainly not the duty of the consulting engineer.—The motion on being put was lost, and the matter dropped. PETITION. Cr. Lee presented a petition from Mrs Ellen Gill praying for remission of rates amounting to £8 lGs 9d, being arrears duo on her property, for which the Corporation had obtained judgment. The grounds stated were that the petitioner had been deserted by her husband ten years ago, and left with a family of six children to support, also that she hud had to borrow the money with wich to build tho cottage she nowoccupied, and was at present paying off the mortgage out of her own earnings. Cr. Margoliouth said he would oppose the motion being received in any shape or form. A person who could afford to pay £2 a month to a building society in extinction of ii mortgage was surely in a position to pay rates. Ho hoped the Council would set its faco against receiving petitions of this description. Mrs Gill was as well able to pay rates as many others who did so without a murmur. Ultimately the petition was received. Cr. Lee then moved, and Cr. Cohen seconded, that it be referred to the Public Works Committee. Cr. Graham said he would oppose the motion. Many a person would be glad to have a freehold property on which to pay rates. Mrs Gill was paying money into the building society, and had as good a claim on the society to remit a portion of the interest as on the Council to remit her mtes.—Cr. MeDougall moved, and Cr. Neal seconded, that this Council will not remit tho rates asked for, but will allow their collection to stand over in the_ meantime—After some further discussion Cr. McDougall's amendment Avas carried by four votes to three. WATER FOR KOURKE STREET. Cr. MeDougall presented a petition from residents in Bourkc street and Spencer road asking that the town water be laid on to their houses, they undertaking to pay half tho cost. —Eeceived and referred to the Public Works Committee. THE WATERWORKS MACHINERY. The following report was received from tho Council in committee on the waterworks machinery:— Your committee having met pursuant to the order of Council of the Ist August, and carefully perused and considered the various reports and other documents laid before them relativo to the state of tho engine and boiler supplied by Messsrs M'Ewen and Co. for waterworks purposes, are of opinion that they should bo communicated with and informed, 1. That the engine and boiler have been inspected by tho Corporation's consulting engineer, Mr Stewart, C.E. 2. That he has reported fully thereon, and recommended. that certain defects in the engine should be made good. 3. That copies of tho clauses of Mr Stewart's report, numbered 22 and 23 and 25 to 33 inclusive, be forwarded to them. 4. That they arc requested tn state forthwith whether they will with all convenient despatch replace the present boiler with one in accordance with the specifications, and capable of doing the work specified for, and whether they will forthwith make good the defects in tho engine as shown in clause 22 of Mr Stewart's report. 5. Your committee cannot conclude their report without expressing their surprise that a firm such as Messrs M'Ewen and Co. should have allowed the engine and boiler to bo shipped after the unsatisfactory report made by MrD. Cay, their own inspecting engineor, and especially without having first put together and tested them. On the motion of Cr. Margoliouth, seconded by Cr. Graham, tho report was adopted. PUBLIC WORKS COMMITTEE'S REPORT.

Tho following report from the Public "Works Committee was received: —

1. That with reference to the occupancy of the Corporation offices, the Minister of Lands he Avritten to expressing surprise at the letter received from tho Commissioner of Crown Lands, Napier; also, detailing the claims of the Corporation to the rooms, and calling attention to the promise of the Colonial Secretary, Mr Dick, when last here, that the Corporation should remain undisturbed for some years, and pointing out that tho materials now on the ground for tho strong-room were put there on the fuith of Mr Dick's promise 2. That the tender of Messrs Hughes and Lawton for alterations in the Town Clerk's office for £M 17s bo accepted.

3. That, as a temporary arrangement. Mr I3lack, overseer, be appointed to inspeel plans for new buildings as from the ICti instant.

4. That Mr Hardy's request re drain .connection be granted and the work authorised according- to tho engineer's estimate. o That Ossian-street be widened as recommended by the overseer in his report; coat not to oxceed £8. 6 That inoffensive rubbish, such as straw, shavings, &c, be deposited on the place near the Taradalc-road where the iiightsoil is deposited. „.-,.. ' 7. That on the receipt oi an athdavit signed by Mr Eonouf and two of the other petitioners re town section. No. 2ou, the Council proceed to act under the provisions of clause 230 of the Municipal Corporations Act, 1876. • 8. That a sum of £-10 be voted tor the Napier Fire Brigade in aid of the purchiise of more firo hose, and £'2o for the Spit Lrimido in aid of additions to their premises. 9 That the vouchers herewith torwarded, amounting to £128 17s, be passed and ordered to be paid. # The .several clauses in the report, with the exception of clause 1, were adopted without discussion.

On clause 1, having reference to the Corporation offices, being put to the meetin!,', Cr. Margoliouth. said he thought, "not to put too Hue a point upon it," that it was decidedly unjust that the Corporation should be denied the use of one end of the old Provincial buildings whilst the County Council enjoyed unmolested the other end. He presumed the reason of that condition of things was because the member fur the town w.'is not in accord with the Government, and the member for the county was. In any case he hoped the Corporation would be able to show to the Government that they had a legal right to occupy their present offices. Cr.'Faulknor .suggested that the Council should take no notice of the communication whatever, but just remain as they were. Cr. Margoliouth said it was quite probable that the contractor for the strong room would ohiirn dama-cs for breach of contract, sceiii"- that he had gone as far as placing some 0 of the materials on the ground. Surely the word of TXi.s Worship the Mayor and the nine councillors who interviewed Mr Dick, and obtained from him a promise that they should remain in undisturbed possession of the offices for some years to come, was sufficient authority to warrant the work bciny- proceeded with. Cr. McDougall believed the Corporation hud an unanswerable right to the offices, under the provisions of clause fl of the Abolition of Provinces Act, sis at the time of the abolition they were being used for the same purposes as sit present. Ho felt almost inclined to move that the construction of the strong-room be proceeded with. That would probably causes a charge of trespass to be made agiiinst the contractor. and the Council could deFend the case. lie was convinced that the result would be in favor of the Council. The Mnyor asked whether Cr. McDougall would move to that effect ?

Cr. MeDougall said that, though himself desirous of testing the question in that way, he believed the feeling of councillors generally was in favor of first communicating with the Government. He would therefore move that the contractor he asked to suspend operations for a month, pending communication with the Government.

Cr. Neal seconded the motion, remarking

that if no reply was received within a month, or if the reply was unfavorable, ho would bo quite willing to take a course which Avould load to the question being tested in a court of law. Cr. Graham said he woidd be favorable to proceeding with the building of a strongroom now, only tho gate being locked it would raise a question of breaking the gate instead of one of trespass in regard to building the safe. If the material were all within ' the grounds he would s;iy go on with the contract. The Council were being very badly treated in the matter. They had "a distinct promise from a Minister of the Crown—if that was anything, and for his part he did not place much reliance in it—and yet the Government were proceeding as if no such promise had been given. The motion was carried without dissent. MUNICIPAL ENGINEER'S REPORT. The following report from tho Municipal Engineer was read in connection with that of the Public Works Committee : — 1. Building Bye-laws.—l shall be glad to know on what basis tho Council propose to remunerate me for tho labor in connection with these bye-laws. I would respectfully remind them that three months ago I was induced to discharge the duties in connection therewith gratis, on the distinct understanding that at the expiration of that period I was to be paid for the work. If the Council now decline to pay for the work I must of courso decline to do it. 2. Mr Hardy's application.—l estimate that the cost of carrying a branch from the main sewer in Shakespeare-road to tho boundary of Mr Hardy's property will be about £0. 3. Contract Drawings.—lf tho Council do not wish to go to the expense of providing copies of drawings, &c, to attach to contracts, the contractors can sign the original documents, which can always be produced when necessary.

The Council adjourned at 10.10