NAPIER MUNICIPAL COUNCIL.

Daily Telegraph (Napier), Issue 3801, 20 September 1883, Page 3

NAPIER MUNICIPAL COUNCIL.

Wednesday, September 19

The Council met at 8 p.m. Present :— His Worship the Mayor (chairman), Crs. Faulknor, Cohen, Heal, Robjohns, Graham, Cotton, and Margoliouth. W CORRESPONDENCE.

The following inward correspondence was From the Returning , Officer (official declaration), notifying the election of Messrs Faulknor, Eobjohns, and Margoliouth as councillors for tho South, Central, and North "Wards respectively. From tho Municipal Solicitors, stating that they had boon asked by the directors jjjijhe Napier Recreation Ground Company "to represent the hardship the directors might bo subjected to in respect of a clause in their lease giving tho Corporation power 40 recant and determine tho lease upon fiefault in payment of the rent within 21 days from its due date, and asking that the time might be extended to three or six months.—On tho motion of Cr. Cotton, peconded by Cr. Lee, it was agreed to extend tho time to three months. From Mr F. Crowley, asking that a few loads of metal bo spread on the road loading to his house, which had become much cut up in consequenco of the Corporation carting shavings, &c, to Mr Cony's section.— Dealt with in Public Works Committee.

From Captain Precco, stating- that he is about to make a stone wall and erect an iron fence on the boundary of his property, Fitzroy road, and aslcing if tho Council will make him an allowance for tho earth to bo removed therefrom if utilised for making a substantial footpath for a distance of about H7 feet. Roferred to the road overseer to report to the Public Works Committee.

From Mr P. Gillcspie, complaining that the road overseer had used threatening language towards him, and had threatened to summon one of his men if he did not leave apiece of footpath in good order after laying pipe connection!} there. —Cr. Cotton said he was very glad to find the overseer taking such a firm stand in matters of this sort. It was very necessary that he should do ho. He moved" that the letter be received. —Cr. Leo asked to look at the letter, and after doing so remarked, " I had thought the letter was an improper one to receive, but on reading it over I find it is only Billy." (Laughter).—Letter received. From the Overseer of Roads, calling attention to the state in which plumbers often left the footpaths after they had laid pipes across, and recommending that stringent measures bo taken to make all plumbers leave the paths in good order.— Dealt with in Public Works Committee. From Dr. do Lisle giving notice of the existence in Milton-road of_ a case of chicken-pox, an infectious disease. —Referred to inspector. From Mr R. Lamb, acknowledging receipt of the notice to terminate his engagement as borough engineer in three months. _ _~,„ From Messrs W. R. Blythe, H. S. Tiffen, C. Palmer, E. W. Knowlcs, T. Waterworth, and Ruddock and Fryer, stating that they wished to erect a fountain and drinking-trough at some convenient point on the Beach-road between Mr Laseellcs office and the Supreme Court.—Dealt with in Public Works Committee.

PUBLIC WORKS COMMITTEE'S REPORT. The following report was received from the Public Works Committee :— Your committee having met pursuant to notice beg to recommend the Council to give effect to the following : — 1. That inasmuch as it appears inexpedient to proceed with the contract for the .strong-room, Crs. Robjohns, Cohen, and Neal be deputed to interview the contractors with reference to making arrangements for settling their claim under the contract entered into.

2. That with reference to the various complaints re obstructions in Northe-strcet, i&c, both Messrs Glendinning and Griffin and Mr Taylor be directed to remove ; such obstructions from the public roads of tho borough. 3. That tho water supply be granted to Burke-streei, conditionally that tho petitioners pay half the cost of the work. •1. That two fire-plugs be purchased and placed in such positions on the Beach road as mtiy be recommended by the inspecting officer of Fire Brigades. ;j. That tho attention of tho Gas Company, and that of the pumbers laying water services, bo called to tho provisions of the law relative to opening and digging trenches in the public street. G. That tho overseer bo directed to repair the road as requested in Mr Crowley's letter.

7. That Mr Ely the be allowed to erect a drinking fountain as requested, subject to the engineer's approval of the locality, kc. 8. That the voucher* herewith forwarded (£O2 9s 3d) bo passed, and ordered to bo paid. The .several clauses in the report, with the exception of clause 1, were adopted without discussion, clause 7 being amended, however, to read as follows:—"That permission be given to erect a drinking fountain as requested, subject to the engineer's approval of the locality." THE CORPORATION OFFICES. In connection with clause 1 of the Public Works Committee's report the following notice from Mr Horace Baker, Commissioner of Crown Lands, acting under instructions from the Minister of Lands, was read: — To the Mayor and Councillors of the Borough of Napier, and all officers thereof. Take notice that no alteration or addition will bo permitted to be made to the office, buildings, and premises now in occupation (on sufferance) of the Borough Council and its officers ; and further take notice that the construction of the proposnd strong-room must bo discontinued, and the material brought upon the ground for that purpose, orfor other alterationsandadditions, must be forthwith removed from the grounds. Cr Neal said ' that, while he was not in favor of the Council relinquishing its claims to the offices it now occupied, he thought it would bo unwise to come into collision with the General Government with respect to building a strong room. It would be better to await some satisfactory decision of the matter.

Or Margoliouth could not understand what was meant bya "satisfactory decision," after the manner in which Gr Neal had spoken on the subject at the last meeting. To pass the resolution now proposed would simply he for the Council to acknoAvlcdgo itself "bested" by the Government. It was the business of this Council, not only to look after street maintenance and the like, but to protect the ratepayers' property, and above all it was necessary that the books and documents should bo kept secure, otherwise a fire occurring might placo the Council in the position of having no means wherewith to carry out its functions. If the Government desired to stop the Council—and he supposed it had the right to do so—from protecting its property, it was high time other offices were looked after. The, mere fact of holding two miserable offices, which were unsuitable and inconvenient, "on sufferance," and out of which they might bo turned into the street at any moment, should be sufficient to show councillors that immediate action in the matter was inevitable. He presumed that those councillors who meant to support Cr. Neal's motion were satisfied in their own minds that the Corporation had no right to remain in the present rooms except on sufferance. Last meeting the cry of the councillors was "We shall go on and build and defy the Government, and if we cannot get in by the front gate we will by the back." Now the position was exactly reversed, and they meekly said, "It is inexpedient to build the strong room, and wo must arrange with the contractors to relinquish their contract." Probably the next time he brought forward a motion for building suitable offices the same councillors would vote for his motion.

Cr. Graham said ho would bo prepared to vote against the clause with Cr. Margolionth if Gr. Margoliouth could show him that the Council had any claim to a yard of land outside the offices. It was the opinion of their solicitor that they had a claim to the offices, but not to an inch outside. New offices would doubtless be very nice, but where was tho money to come from ?

Cr. Faulknor agreed that tho offices were ill-adapted to their use, but the Corporation should endeavor to keep them for some time longer, until better arrangements could be made.

Cr. Cohen said the Municipal solicitors had given their opinion that the Council would be laying itself open to a prosecution if it went in the face of the notice received from the Government. Talking- of building a strong room and talking of building new offices were very different tilings. The Council, he believed, had a very good claim to the offices, but it was a education if it had any right to utilise the land outside the offices. He would be very glad if Cr. Margoliouth would suggest some measures for protecting the Corporation books and papers. The Council could certainly not afford at present to build a Town Hall, although he knew some councillors would like that very well. Cr.' Lee had always been of opinion that the Council had no right or title to the premises they occupied, and he still thought so. If the borough was not in a position to build offices, rooms might be rented. A little gentle persuasion, however, might have its effect with the Government in the meantime, and if the Council could obtain from the Govornment an .extension of the tenure of the offices in that manner ho would be favorable to any such proposition ; but if the Government insisted on the offices being vacated he would not be in favor of exposing the ratepayers to the cost of a lawsuit by resisting the demand of the Government.

The clause was ultimately adopted. It was then resolved, on the motion of Cr. Lee, seconded by Cr. Margoliouth, "That a letter be sent to the Colonial Secretary, enclosing copies of Mr Baker's letters, and also of the Town Clerk's last letter to the Minister for Lands ; that such letter should express the regret of the Council at the want of courtesy shown by the General Government in failing to reply in due course to the Town Clerk's letter, which was couched in respectful terms, and did not, in tho opinion of this Council, warrant a summary notice fvom tho department of the Minister of Lands ; and turthor request a re-consideration of tho matter in accordance with the terms of the last letter of the Town Clerk." SUBSIDY TO FIRE BRIGADE. Cr Murgoliouth brought up the matter of the Tiro Insurance Association's subsidy for

maintenance of tho Fire Brigade, and moved, "That the Town Clerk be instructed to apply to the secretary of the Fire liisnrance Association for the amount of £100 due to the Corporation as their proportion of the maintenance of the Fire Brigades, which amount was June 30th, last year. . , Seconded by Cr Graham, and carried. VOUCHERS. Vouchers to the amount of £62 9s 3d were passed for payment, and tho Council adjourned.