COOK COUNTY COUNCIL.

Poverty Bay Standard, Volume X, Issue 1073, 13 May 1882, Page 2

COOK COUNTY COUNCIL.

The County Council met at 7 p.m. for the despatch of ordinary business. Present: Crs. J. Wood bine-Johnson (Chairman), Chambers. Clark.(Lannon, Weston, Ferris, Milner, Westrup, and Common. The minutes of the last ordinary meeting were read and confirmed. Outgoing Correspondence. Mr Reeves’s reply to a letter from the Council asking an explanation re unauthorised expenditure on the road to Tologa Bay was read —it being to the effect that he had done good work, in accordance with the Engineer’s instruction, aud saying that he ought to be further recompensed, instead of having his account queried. 1 n another letter, dated May 9, an enclosure was forwarded dated Nov. 28, 1881, from the Engineer, authorising the work to be done.—The Engineer, in explanation, said he was thoroughly satisfied with the quality of the work, but that Mr Reeves had done much unauthorised work, which had not been contemplated in instructions ; he should never have undertaken any work on this side the river.—Cr. Gannon said that it was another evil arising from work being done exclusive of tender, but under the circumstances he thought the amount should be paid.—Cr. Chambers proposed, and Cr. Gannon seconded, that the work should be paid for on the Engineer’s certificate, but not as a precedent. This possibility must be carefully avoided in the future. —Cr. Ferris said that owing to the amount of work devolving on the Engineer, and the fact that he was not “ übiquitous,” the Council should discharge the liability, avoiding by strict regulation the chance of a recurrence of unauthorised expenditure. — Cr. Weston said he thought for the future all contracts made by the Engineer should be in writing.—Cr. Chambers’s motion was carried. A letter to Mr G. J. Allen was then read, warning him of the enforcement of contract penalty ou Maketu Road. A letter from Mr Allen was read, asking a reconsideration; he misunderstood the matter at the previous meeting, and now wished to resign the contract without enforcement of penalty.—Cr. Ferris said that he had seen Mr King on this subject, and that gentleman informed him that he had thrown up his sub-contract under Mr Allen, on the ground of Mr Allen being unable to carry the work out, in the face of the enforcement of the penalty. —The Chairman recapitulated the facts in regard to the matter as brought before the last meeting.—Cr. Chambers said that too little consideration had been given in letting contracts to the ability of acceptors to carry them out—CrWestrup disagreed, and said that the safety of the Council laid in the sureties.—The Chairman thought, in the interests of ratepayers, that Mr Allen’s resignation of the contract should be accepted.—Cr. Ferris held that the loss to the ratepayers arose from the fact of the contract not being carried out in its proper time ; payment by sureties was no adequate recompense for that loss, and he proposed that the penalty (£1 per diem) be enforced in this case, dating from the Ist of April, as far as the earthworks are concerned. —Cr. Chambers said that the enforcement would have a salutary effect on future contractors. —Cr. Ferris said that the contract had been taken by Mr Allen in a speculatory manner, which precluded the Council, in the interests of the ratepayers, from shewing any leniency. —Cr. Gannon said he thought the Council had no way out of the difficulty but accepting the resignation. The case was a bad one, but the Council might prolit by it.—Cr. Common said the only question was, were the Council prepared to abide by their offer to Mr Allen at the last meeting. —-The Chairman said that without entering into any question of extenuation of Mr Alien’s laches, he thought that the exceptionally bad weather might be taken into consideration. No doubt Mr Allen had been a bad calculator in accepting the contract, but in the interests of ratepayers he thought, the best had better be made of a bad

job. The penalty was standing now 12 days, and he. thought the best plan would be to let the penalty be enforced to the fulfilment of .the contract counting from the present day.—Cr. Wes'.on proposed that the Council extend its previous offer to Mr Allen. —Cr. Chambers held that penalties having been enforced in previous cases the Council would be inconsistent if they did not enforce them in this instance, and proposed that the contract be completed, and the penalties enforced.—Cr. Westrup seconded. —Cr. Gannon moved as an amendment that Mr Allen's resignation be accepted.—Cr. Weston seconded. —Cr. Chambers opposed the amendment and failed to see why the I e.ivy loss arising from the contractor’s laches should fall on the Council. Mr Allen had had ample time and only suffered from his own neglect.—Cr. Ferris also opposed the amendment. The Council must act on the Engineer's advice in these matters. He thought the contractor had compared the chances of the contract to his own advantage —Mr Clark said the contractor had trusted to the subletting to make contract payable.—The Engineer said that he considered it would be a waste of money to go on with the road until the spring. The sub-contractor had withdrawn his teams because the contractor had admitted his inability to pay as the Council had determined to enforce the penalty.—lt was then resolved that the penalty should be enforced for the earthwork, and that the sureties should be allowed time to complete the metalling.

Correspondence.—To petitioners re ferry on Waiapu river, granting a subsidy of £5 on certain conditions. — To S. C. Petroleum Co., offering & pro rata subsidy of 10s in the £ re Tuparoa road. —To Messrs Brassey and Fraser re Rees’s bill of costs in Rivers Bill. From Messrs Brassey A Fraser affirming their previous letter. Cr. Chambers said that the solicitors’ opinion which absolved the Council from liability should be acted on. It was resolved that the amount should not be paid, the Council having no liability in the matter. Reports.—The Public Works Committee's report was read and passed.— The Engineer’s report was also read. Oweta Road. —The Chairman said the road near the tidal creek demanded immediate consideration. Granted. Whakatu to Arai Bridge. Resolved that Mr Barnard be requested to ask the Goverumentto undertake the work. It was decided to paint and tar the Waipaoa Bridge. Other work to be done in the spring. Returns of assets and liabilities since the 30th March, 1882, were brought forward and passed. Motions. Cr. Gannon : Spread of Rabbits ; introduction of Rabbit Act. Cr. Gannon said that in view of the dangerous effect of the rabbit pest and the possibility of its advent into this district, he wo ild ask that the greatest importance be attached to this question, leaving it to the Council to forward it as they thought best. There were even now rabbits in the Waiapu Riding, and he was in favor of a Herodian edict for the immediate extermination of the species. The Chairman thought Cr. Gannon deserved the thanks of the community for bringing the question forward. He thought property owners in Waiapu should be communicated with. There was no immediate danger, however, and the present introduction of the Rabbit Act would have a deterrent effect on capitalists.

Cr. Chambers seconded the motion. He preferred preventive measures to curative ones. He had no doubt that the pest would appear here and thought an exterminative measure should be adopted. The Council should take immediate measures Cr. Gannon’s motion was carried nem. con.

Cr. Ferris: Poll of ratepayers to be taken re establishment of tolls on main roads.

Cr. Ferris thought this the only mode of making Natives liable in regard to road taxation. Natives used the roads aud contributed nothing toward their maintenance. He thought the ratepayers should be consulted as to the necessity of the establishment of these tolls. He had an estimate formed by a good authority that from £l5OO to £2OOO a year would accrue from these tolls. He objected to paying rates for the exemption of others.

■ Cr. Chambers seconded the motion. The high taxation of the district demanded that the Natives should be made to contribute to the maintenance of roads, and the toll was the only means to this end. He thought the ratepayers would benefit by the ultimate reduction of rates. —Cr. Gannon opposed. The Natives according to Acts passed last session paid a heavytax on cession of his land. Tollbars were relies of barbarism. Road maintenance should be by general rate. — The Chairman said he objected generally to toll taxes as obnoxious and costly, but here they were necessary as a means to forcing Native contribution to road maintenance. Here tollbars would meet this object, and force contributions from European carriers and others also who paid disproportionately small rates. —Cr. Ferris differed from Cr. Gannon, and thought it unjust that one-fourth of the population should make and maintain roads for the exemptive use of the other three-fourths. He thought an expression on this matter should be asked from the ratepayers as to whether tollbars were necessary or not.—Cr. Ferris’s motion was put and carried.

Cr. Ferris: The enforcement of heavier pen al ties on failingcontractors, i. e., a £5 instead of £1 penalty.—Cr. Perris spoke at length upon the necessity of enforcing a heavier pena’ty than the present upon failing contractors. He thought £1 insufficient, and from analysis had come to the conclusion that £5 penalties would ensure more speedy and punctual completion of work.—Cr. Common said he thought the present penalty of £1 per diem sufficient. A large penalty would have the effect of deterring small contractors from competing, in which case the contracts would be at the mercy of capitalists. Cr. Ferris diametrically opposed this argument, and after a long discussion the motion was put and lost. Cr. Gannon drew attention to the action of Messrs. Smith Brothers in constructing an embankment near the Makuuri Block from the Waipaoa River towards the road, which would have the effect of diverting flood waters on to County roads, to the detriment, of ratepayers. He would ask that legal opinion be obtained on this matter. Cr Westrup said that the matter had come before the Rivers Committee, and an opinion had been obtained from Messrs. Brassey aud Fraser which would doubtless be at the Council’s service. After some discussion Cr. Gannon said that he was unable to see that any persons owning private properties were entitled to construct works upon them which would interfere with public rights.

The Chairman asked the Council’s opinion as to the appointment of a Found Ranger. Cattle did much damage to drains, and bethought such an appointment requisite in each Riding. Bethought. Mr Ciytno's agreement should be cancelled. Agreed upon. The Chairman called attention to the difference between Road Board and Council rate valuations. Thought the Government should be asked to interfere. It was agreed that the Government should be written to on the subject.

Cr. Gannon called attention to licensing expenses devolving on the Council. This was a question involving the right of accepting license moneys from Native owners of public-houses. It was agreed that Cr. Gannon and Mr Warren go through the Act, and, if necessary, write to the Government for information. The Chairman called attention to certain necessities of repair on the Wairoa Road. Cr. Common moved that Mr A. McDonald, M.H.R., be conferred with as to various matters of Parliamentary business—Harbor and Breakwater, Railway, &c., and also that Messrs. It. Johnson, Whitmore, Dargaville, and De Lautour be made acquainted with the wants of the district. It was agreed that Mr McDonald be asked to meet the Council on Friday, at 11 a.m. Cr. Gannon urged that every necessary step towards the amendment of the Subdivision of Native Lands betaken without delay, and moved that by the outgoing mail members be written to with this object in view. Seconded by Cr. Clark, and carried.

The Chairman said that the East Coast Lands Association having requested Mr •Chambers to represent them at the coming session, he thought the Council should ask him to watch their interests also. Agreed to nem. con.

Tenders : Wairoa-Gisborne Road. Section G: D. A. McLeod, formation, £685 ; J. Sempey and party £ll7 (accepted) ; M. Boland, £7lO ; Brunt and Co., £697. Culverts : J. Bidgood, £lO ss; M. Boland £7 10s (accepted) ; D. Malone,£l6; M. Lend and Hubble, £9 17s ;W. King, £9 17s 6d. Planking: McLeod and Hubble, £63; W. King£ls Us (accepted) ; M. Belaud, £l9 10s if matai, £66 if kauri. The Chairman said that the Clerk, Mr Warren, had been an excellent servant, and his abilities had been very hardly taxed; ho then read a letter from Mr Warren, asking for an increase of salary ou these considerations. His zealous work in the interests of the Council demanded some consideration, and he would therefore recommend that a bonus of £25 be given to Mr Warren, as he thought it unwise to increase the salary. Cr. Westrup proposed, and Cr. Common seconded, that a bonus of £25 be given to Mr Warren. Carried nem. con.