COUNTY COUNCIL

Patea Mail, 8 January 1881, Page 3

COUNTY COUNCIL

The monthly meeting was held on Wednesday. Present : Messrs Dale (in the chair), Bridge, Gane, Horner, Milne, and Winks. WAVERLEY RECREATION GROUND. The Government having been applied to for permission to lease the Waverlev ■Recreation Ground for a term of 21 years, in the event of the land being brought under the Public Domains Act, a letter from the Minister for Lands was now read intimating that in consideration of the ground being some distance from the township, the Governor would be advised to allow a portion of the ground to be leased for 21 years, provided the lease were submitted for approval, and that the other portion were made accessible to the public at all times. RESERVES FOR COUNTIES, AND LAND BOARDS. The Council resolved to co-operate with the Wairoa County Council in petitioning Parliament early next session to have counties placed on the same footing as municipalities in the granting of endowments to counties, and for having Land Boards made partly elective, so that County Councils be represented on Land Boards to the extent of one member from each council. CLOSING ROADS AT KAKARAMEA. The Patea West Road Board having resolved to close part of Wilson-road> Mr W. Robertson wrote to the Council that he would oppose it because the Road Board had failed to provide a road as convenient to the property occupied by himself. The Council now instructed the Engineer to report on the matter, before approving the Board’s action. The Council approved of the resolution to stop portions of Tumaha, Garsed, and Lower Kakaramea roads, in accordance with plans sent by the Road Board. NGAIRE ROAD DISTRICT. The two petitions sent in respecting extension of the Ngaire Road Board’s jurisdiction were read and adjourned for consideration till next mceeting. The discussion on this subject was fully reported in the Mail on Thursday. WORKS REPORT. The Foreman of Works reported as follows:—“ The rough state of the weather this month has been very severe on portions of the road where the gravel lias been of a sandy nature, and has obliged me to place an extra man on Manutahi section, I have opened a small gravel-pit at Tongahoe with a view of getting sufficient gravel to repair the worst places on the road in the vicinity . A culvert has been constructed in M-mutahi gorge near to where a previous one had rotted and fallen in. I have laid off the boundary line of road on Patea hill, adjoining Mr Tennent’s, and find that the proposed deviation will not encroach upon his property, and what damage may accrue to Mr Tennent will be from earth being cast down the gully. A plan and estimate of this deviation will be laid before you. Cheyne’s contract No. 51, gravelling at Waverley, has been completed this month.” LOWERING PATEA HILL. A FINANCIAL DIFFICULTY. On the question of lowering the roadway to improve the gradient on the Patea Hill, Mr R. C. Tennent sent the following letter as to the conditions of his consent to filling- up part of the gully along his frontage ; “ Should the Council require to make a new road on the Patea Hill adjoining my property, I am willing to allow the spoil to be thrown into my gully on the following terms : Ist. That the Council erect a good permanent fence along my boundary where they find it necessary to pull down the present fence, or where it may be damaged by the spoil. 2nd. That the Council plant the spoil along the side of the gully in the proper season, with say 100 (more or less) ornamental trees of various kinds, as pines, firs, &c. 3rd. That rye-grass seed and clover be sown over the remainder of the spoil by the Council. 4th. That if the spoil interferes with the waterway at the bottom of the gully, the Council engage to have a fresh drain cut along the further bank. These stipulations are on the understanding that the Council does not require to take any of my land for the purpose of this road. I trust the Council may consider these terms fair and reasonable.” The Foreman said the new roadway could be cut along the side of the hill without taking any of Mr Tennent’s land,

except that soil would be shot to tbc bottom over and beyond his fence. The cutting could be done without stoppingtho traffic. The steepest gradient will be lin 12£, as compared with lin at present. Mr Horner proposed “ That tenders be called for lowering the gradient of Patea Hill, in accordance with Engineer’s report.” Mr Bridge : How are we off for money ? Chairman : You are aware that, owing to the rate being only sixpence in the pound, there will not be enough funds to do the work already proposed. Mr Bridge : At our last meeting, the Foreman suggested several works that should be done, but no action was taken by the Council. I should like to know exactly what amount of money we shall have available.

Chairman ; In the previous estimate, there was a deficiency of about £240. In the first estimate there was about £3O to keep the road in repair from Hawera to Normanby, but when the proposed rate was reduced to sixpence, it threw tha* road out of the question because the rate left a deficiency. Nothing was reckoned for this Patea Hill. Mr Gane : The road between Hawera and Normanby should be done before the Patea Hill. Mr Winks : I consider it a more necessary work than Patea Hill. Mr Bridge : We cannot expect to get any rate in before next August or SeptYou are just asking for fbe County rate' and the ratepayers would not stand being asked for a second year’s rate in a month or two. If they receive a notice in January and another notice in May, they will say you are levying two rates in a year. How therefore are we going to carry on till then and what funds have we available for the main road ? After a lengthy conversation, it was reckoned that about £BOO would be available for keeping the main road in repair, out of the sixpenny rate and other sources of revenue ; and the Foreman was asked to estimate roughly what would be the least amount required to maintain the road in a passable state through next winter. The Foreman gave rough estimates in addition to day labor, this labor averaging £65 a month at present, and £l2O a month through the winter. A bad piece of road near Manutahi needs gavelling, but the Foreman did not know where gravel could be got for that length. Mr Bridge: We shall have £BOO available, and if the necessary works now mentioned by the Foreman are done at an estimated cost of £320, there will remain £4BO to expend on the worst parts of the main road in addition to the estimated patching. Chairman : About £25 would be wanted for gravelling Patea Hill to keep it passable through the winter. The estimate for lowering and regravelling Patea Hill would leave between £2OO and £3OO of a margin. Mr Bridge ; The question is whether it is just to other parts of the County that have bad roads, to spend so much on this hill.

Chairman ; I have always gone on the principle of taking the main road as a whole. Mr Winks : You did not look at it that way at the other end. You would not give us anything to put on the road from Normanby to Hawera because you had only a sixpenny rate. Chairman : It is not a Count}' road. Mr Winks : It is a public road.

Chairman : I object that it should be said that the lowering - of Patea Hill is for the special benefit of the Patea people. Mr Bridge : I understand there are some portions of the road petween here and Hawera which are more in need of work. The Patea Hill is passable now, or will be with £3O spent on it, and then we should have £2OO to £3OO to spend on the bad place near Manntahi. That cutting - is far too steep for the main line of road, but shall we do that work at present and let other portions of the road starve ? The Foreman has not reckoned any maintenance from Whenuakura to Waverley, yet there will be considerable traffic all through the winter. However, I will second Mr Horner’s motion proforma. Mr Gane : I am a great advocate for cutting down that hill, but there are works more urgent. Mr Horner : We have not funds to do our necessary work on the present County road, yet it seems to be a sore matter that we don’t take over that piece of road between Hawera and Normanby. On the Chairman’s amendment, the subject was postponed to next meeting.

TENDERS FOR GRAVELLING. On the motion of Mr Bridge it was resolved to invite tenders for gravelling Waihi creek to Waingongoro, south of Hawera,Manutahi to Burke’s, Whenuakura from Horner’s to bridge, according to the recommendation of the Foreman of Works. NAME OF PATEA. Mr Bridge : I understand from the Chairman with regard to altering the official name of this town from Carlisle to Patea, that the Chairman of the Town Board has asked him to wait until after the Board’s melting to see whether they get a reply from Government to a letter previously sent. If we don’t get a satisfactory reply from the Town Board, I should propose that we do not wait any longer for them. It seems to me the Town Board are very loose in carrying on their business. They don’t seem to hurry themselves about anything. Chairman : I have seen the Chairman of the Town Board, and he says no answer has been received. Mr Bridge : I think we should not wait. Chairman : I will call a public meeting at once. HOSPITAL. Dr Keating reported that two patients had been admitted and three discharged during the month ; remaining in Hospital, William Holst, amputation of leg, and P. Henigan, ophthalmia. A letter from the Wellington Hospital advised that Hudson, the blind pauper, should be removed back to Patea, the operation on one eye having been unsuccessful,and it was not advisable to operate on the other, at least for some time. Chairman ; The question is whether we should try Christchurch. The man we sent there was operated on successfully. Mr Bridge ; It cost £24 to send Jordan to Christchurch and bring him back after a little time. Clerk : The former oculist at Christchurch Hospital is dead. It was agreed that a report of Hudson’s case be obtained and forwarded to Christchurch Hospital, and if the doctors there consider his case curable, he should be sent there. DOCTOR’S BILL. Dr Croft having been called in to assist in amputating Holst’s leg, the professional fee now claimed was three guineas. Mr Winks : 1 think the Resident Surgeon should pay that, as he undertook to do all the work for a fixed sum. Mr Horner : Taking off a limb is a very uncertain operation. If the case had failed, you would say “Why did not the Surgeon consult another doctor ?” CHARGE FOR FUNERAL. Mr Bridge ; There is a charge of £4 5s for burying a man who died at the Hospital. That seems a high charge. Ours can be only pauper funerals. We cannot pretend to pay for any show. Clerk : The charge includes digging the grave, the conveyance, coffin, and attendance of men to inter the body. Chairman ; It would be more satisfactory to the undertaker and to the Council that we should call for tenders for remainder of the year. PUBLIC RECREATION TRUSTEES The Patea Town Board having nominated four trustees for the management of this ground, they now forwarded the Government letter on the subject, and asked the Council to co-operate by nominating three trustees, making a body of seven. The Council unanimously nominated Messrs R. Horner, W. Dale, and R. C. Tennent, by consent. WATER NUISANCE, BEDFORD STREET, Letters had been forwarded by Mr A. Wood, owner of house on section at the flat where water now accumulates from the drain formed partly down the brow, past Jackson’s cottage ; and claiming compensation for damage. Mr Wood had two tenants in the house, and one claimed for damage to a chest of carpenter’s tools, by water flooding up to the flooring on the 12th December. Mr Wood sent in his own claim thus ; —For carrying the storm water on and lodging same on section 1, block 19, for 21 weeks at 5s a week, being from July 6th to November 30th, £5 ss. Chairman : The Town Board have done nothing farther in the matter. I tried to get the Chairman to take on himself the responsibility of saying he would get the work done at once. I could get nothing satisfactory. Ho said he could do nothing without the sanction of the Works Committee and the Board itself. I told him we had a claim sent in by Mr Wood, and that if he enforces it we shall have to pay it, and then wo should have to come on

the Town Board, who would only have to pay for the work twice over. Mr Bridge: The Town Board don’t absolutely refuse to do it, but neglect to do it. Cannot the Council do the work and recover the money from the Board on the strength of the written agreement between the two. Chairman : I believe the Council have a good case, but rather than go to that expense first I should he more in favor of paying Wood’s claim, and suing the Board to recover the money. Mr Bridge ; The Council made a mistake in the first instance, in interfering with the water ; but having done so, Wood has no right to suffer. Mr Milne ; Cannot we pull up the drain» and let the water run into the old place ? Chairman : If we did, we might be liable to an action for damages. Mr Gane : I don’t think that. Mr Winks : Did not the Town Board get notice, the meeting before last, that if thej' did not do the work, the Council would do it and charge them with it? Mr Milne ; I don’t think the Town Board intend to do it. Mr Bridge : What would it cost to carry the water off Wood’s section ? Chairman : Mr Milroy’s idea is that a couple of chains of drain pipes would do it for the present. Mr Winks proposed “ That the Council perform the works necessary to carry away the surface water from Wood’s section, and charge the Carlyle Town Board with costs.” Mr Bridge : I intended to propose that we should consult a solicitor upon the letter received from the Town Board, to ask whether there is a sufficiently binding agreement, and if so then to proceed with the work. Mr Winks ; But the Council have taken the water on the man’s land, and the work will have to be done in any case. Chairman : There is a resolution on the book that the work shall be done by the Council if it is not done by the Town Board within 14 days. I would not do it by day labor but call for tenders, to be in b} T next meeting, and in the mean time I should take legal advice. It will be a rather large job. The motion not being seconded, Mr Bridge moved that a solicitor should be consulted as to the binding nature of the Town Board’s written agreement, as before suggested, and if binding to proceed with the work. Mr Milne : It would be advisable to take a legal opinion as to whether we can allow the water to go back into its old course, and abolish the drain. Mr Horner ; If you can do that it will save a great deal of expense. Mr Gane : And irritation. Mr Milne : I think the Chairman of the Town Board has acted very meanly all through. Chairman : We can recover under the agreement. Mr Winks : What have you to come upon in going to law with a public body? Chairman : There is plenty of property to go upon. Mr Bridge ; I have no objection to the Chairman taking a legal opinion on the other point at the same time. Mr Gane : I believe the right thing to do is to let the water take its natural fall —that is into the hole where it lodged before. Just pull up the drain, and we have done with it ; and let the water follow its natural course. It was stated that Mr Williams has put in a claim against the Town Board for water running off the road on to his land_ Mr Gane : Water will run down hill in spite of you. The Chairman seconded Mr Bridge’s motion, and it was adopted. COUNTY v. ROAD BOARDS. Mr Gane moved “ That a separate account of all receipts and expenditure within each Riding be furnished at the monthly meeting of the Council.” He said : The statement prepared before does not give a fair view of the expenditure' From the returns furnished before, we could not arrive at an accurate conclusion of the cost. It has been said, in reference to this subject, that the Council has been worked so much cheaper than Road Boards. I hold that it has cost about 100 per cent, more to work the Council than the Road Boards per mile. It has been said it costs the Road Boards more to advertise. It may do per cent., but it does not per mile. With regard to overlooking, the Council employs a man at £250 a year to superintend the patching of about forty miles of road. If we have these returns monthly) we can compare them month by month with the expense of Road Boards.

Mr Winks : I don’t think the County Council and Road Boards are to be compared at all. The Council has the road made ready, and has nothing to do but patch it. Mr Bridge : I second that motion pro forma , but shall vote against it. lam of opinion that no good end will be served by getting these retnrns in monthly. Mr Gane : If it is the wish of the Council, I will withdraw the motion. Motion withdrawn. MR W. DALE’S CLAIM. Mr W. Dale claimed compensation for damage done to a small section on Patea Hill, Whenuakura, gravel having been taken out, and the surface not levelled to its previous condition. He said he wanted to use the land as a building section, but in its present condition it was useless. No amount was stated. Mr Winks: I have a charge against the Council for cutting my ground in taking out gravel. A gate was left open, and the cattle getting out they were impounded. I don’t think £lO would cover my damages. Mr Gane: Are we to understand that the Council took between 500 and 600 yards of gravel out of Mr Dale’s pit, and that besides paying for the gravel, we have done £25 worth of damage ? Chairman : I had an estimate made of what it would cost to level the ground) and the amount is £25. I don’t want the money, but I do want the ground levelled so that I can use it for building. Mr Horner : I understand that the other contractors who took gravel out after the Council should be responsible. Mr Gane : What amount do you claim ? We have no figures before us. Chairman : In order to settle the matter, my claim will be £2O, and that is £5 less than the estimate to level the land. I would be content to let the matter go to arbitration. Mr Gane : I propose that you receive £lO, although I don’t believe there was £6 damage done. I propose this to show there is no party spirit on my part. Mr Bridge : I think Mr Dale’s claim for compensation has lapsed, if he had a claim. The claim is too much, but it ought to have been made within six months after the damage was done, according to the Public Works Act. Chairman : I don’t go on that basis. I go on the agreement between the Foreman of Works and myself. As to the claim being over £2O to bring it under that clause of the Act, I could make the claim £l9. Mr Bridge : But you have already put in a claim for £2O. Mr Winks: He does not seem to know whether the Council or the private contractors did the damage. His claim should be against the last contractor who was there. Mr Bridge pointed out that the Chairman would be liable to a penalty for taking part in Council business affecting his personal interest. Chairman : I can take part in the discussion, but I don’t intend to vote on this matter. Mr Bridge ; Every Councillor present can be compelled to vote or leave the room. Chairman ; I could leave the room when the voting came on. Mr Bridge; If you retire, there will not be a quorum, and I must ask you to rule whether, therefore, we are a Council at present. Chairman : It is too bad altogether, but the matter might stand over. The subjact dropped, the motion not having been seconded. WAIROA ROAD DEVIATION. Agreed that the Council do not oppose the deviation of road through native lands, as proposed by the Wairoa Highway Board. ACCOUNTS. The rcceiptsjlast month had been £854 Is lOd, including £276 for Hospital subsidy and £496 5s 2d for general subsidy. The expenditure in salaries, day labor, &c, was £225 9s 6d. Accounts were passed for payment as follow : Potto, dog collars £lO 14s 9d ; Ken worthy, stationery £2 3s 4d ; A. Arthur, funeral of man who died in Hospital £4 15s ; A. Black, printing £3 7s 6d ; Taplin, rations, &c., for Hospital £29 4s 3d ; day labor, £63 6s ; Dr Croft, assisting in amputation of man’s leg in Hospital, £3 3s ; sundries 13s 4d ; total, £ll7 4s 2d. The Council adjourned.