TAIHAPE BOROUGH COUNCIL

Taihape Daily Times, Volume XI, Issue 3440, 20 March 1920, Page 5

TAIHAPE BOROUGH COUNCIL

...The usual monthly meeting of tho: Congcil was held last night. Present: His’ Worship the Mayor (A. J. Joblin, ESQ), Crs. Reid, Cunninghanzu, Eta‘!inaux, Davies and Fookes.

Leave of absence was granted to Crs. Timbs and Turubull. Mr VV. Paradine, pouudkcepe-I', wrote asking that the pound charges for stock be increased from 2/6 to 4/ per day owing to the rise in the price of chaff and hay.———After some dlSCllSsion the Council resolved that the poumlkeeper be informed that it was impossible to give any relief in the direction asked for, as the schedule of charges was fixed by law. It was also decided to bring under the notice of the Member for the district the desirwbility of getting the law in this respect altered so that charges more in keeping wl'th present day priceconditions could be made. The poundkeeper pointed out that he -had lost £4 1/ in sustenance on two llorses impounded in the borough, and this amount the Council decided to pay. It was also decided to pay 1/ per head oommission on stock impounded from the borough, this amount to be paid until the position can be met in some other way. i

A letter was received from Mr Geo. Bray relative to the borough lease held by him which expires in June next, asking that, the Council allow him compensation for improvements; failing this, to convert the present lease into a Glasgow lease. A letter was also read from Mr F. W. Somerville, a sub-lease, offering to submit his lease as a guide. The Mayor briefly outlined the position as between Mr Bray and t.he Council. The Town Clerk had been instructed to lay the case before Mr Martin, the solicitor to the Municipal Corporations Association, for his opinion, which the Mayor read. Mr Martin recapitulated the circumstances, and .dealt with the promise of a previous Council to allow Mr Bray compensation for improvements. Mr Max'tin held that the Borough Council could not legally compensate for improvcments, and consequently had no right. to appoint a valuer to assess improvements. Any previous Council had no power to grant any concessions. for improvements. A new lease must be drawn up on the expiration of the present one, and the lease of the reserve loaded with the improvements, put up for competition by auction for public tender, and the present. lessee is no-t entitled in any Way to valuation ."":t‘or'i_mproveme_nts. , - ~ 'rhe'Mayo'r said that Mr Martin's opinion was that if a previous Council had acted as alleged, even if the promise. had been minuted, it had done something which was illegal. It Was a most unfortunate position for Mr Bray, but the Council was powerless in‘ the face of the solicitor’s opinion. He moved: That Mr Bray be informed that it does; not lie in the po‘.'»'=.-‘r of the Council to comply With his request, and thata copy of the ‘Town Clc-rk’s letter to Mr Martin and -the latterfs reply thereto be sent to Mr Bray.

Cr. Reid said it was very hard that an old resident and one of the founders ‘of the town should be treated in this way. Some consideration should be given to him.

The Mayor agreed that it was hard, but the Council had‘ no other alternative. ~.

Cr. Fookesx seconded the motion pro forma, though he held it was a very hard thing for such an old resident to have this treatment meted out to him. Had there been any new matter introduced when the promise was made by a previous Council? Mr Somerville, Who was a sub-lessee, would also suffer. It looked as if something was moved or suggested at the time this matter was discussed, and it was probably one of those things which had been neglected by a former Town Clerk. If it was illegal ~’to allow compensation for improvements, how was it that the Government auditor allowed the illegality to pass in a former case He should like to see the matter deferred a little 10118er to See if they could meet Mr Bray in some other way

Cr. Davies said the Council must be guided by the legal opinion received. He thought there was something in the remarks of the previous speaker as! to the action of a previous Council or its official. They must. take the law as they found it, and haVin'g got a._legal opinion they must act on it, He suggested that Mr Bray shou]d take steps to show the Councilthat Mr Martin's opinion was not. sound, and if that was the case the whole question could ‘be i-e-opened. 'The Councirs attitude should be a neutral one. '

Cr. Ffoqkes inquiréd why the Council went over the heads of the borough solicitors in getting~a legal opinion from Mr Martin. -

The Mayor explained that Mr Martin was the highest authority in New Zealand on municipal law, and they as

an associated local body W 513 entitled to have his opinion.

Tll3 Mayors resolution was carried.

Cr. Fookes wished to enter a protest that an outside Opinion should have been obtained. He held thast: the Borough Solicitors should have been consulted, and that the Council should not have gone over their heads. Permission to show pidtures on Good Friday was granted to the local theatres.

The Secretary of Labour informed the Council that, no notice could be ‘taken of the local fruiterers’ petition for an extension of hours, owing to it being signed by unnaturalised aliens. -

The Controller and Auditor Genera L’s opinion was read as to the procedure to be followed in the transfer of Section 10, block 1, to the ‘Rangitikei County Council. stating that arrears, etc., amounting to £62 2/ in addition to £250 having to be paid. and the County Clerk wrote that on receiving the necessary authority from the Borough Council the transfer would be proceeded with. Cr. Davies moved’ that the Council comply with the request. of the Ran‘gitikei County Council. and complete the transaction, the costs to be borne .-by the County. A letter was received ,frOm the Wanganui Chamber of Commerce relative to the date of the conference in connection with the Development League. stating that a date had not jjxet been fixcd.——~Reeeived'. Mr Paradine is to be informed that gravel will be stipplied to him at the usual price.

The question of varying the width of the footpath in Tui Street between Station Street and Main Street, by taking two feet off each side and adding 4ft .to the street, was biought up by a memo from the Chairman of the Works Committee. After some discussion Cr. Fookes moved that the original plans be adhered to. This was negatived,_ and; it was decided to con‘-‘ struct the oaths to a width of 12ft., instead of 10 feet.

The question 0-f the width of footpaths in Main Street, and the vexed question of the removal of verandah posts was fully discussed, a report of which will appear in our next issue. The borough staff. were grantetl Easter holidays on Good Friday, Saturday. and Easter Monday. The municipal offices will be closed from Thursday evening till Tuesday morning. ' Mr A. E. Williams, consulting engineer, wrote ‘stating that it was impossible for ‘him to come to Taihape at Present to adjust the levels, but he would arrive here- during Easter week. He asked for some consideration owiug to exceptional circumstzinces.

The Mayor said it was new evident that a mistake had been made in the appointment. The Council should have appointed an independent consulting engineer. Mr Williams’ letter was formally received, Cr. Reid remarking that the Council wanted to have a heart to heart talk with him.

The Mayor ln-ought up the question of Taihape’s representation during the forthcoming visit of the Prince of Wales. The’ Government will carry all school children free on the railways. He suggested they should go to Merton instead of VVanganui, and that an address should be prepared for presentation to the Prince. This course was decided upon, and Crs. Davies and Fookes: were appointed a committee to prepare the address. The amended lease of «borough reserve to Mrs M. M. Carpenter was submitted to the Council, and the seal of the borough was ordered to he affitvfed thereto. V WORKS COMMITTEE’S REPORT.

The Works Committee's report as under was read and adopted: Your Committee Recommends: (1) That the borough forcmzm’g report be received and adopted. (2) That the borough foreman (Mr Jamison) be given sole control ocver the contractor in respect of kerb, channel and path construction, subject to the town clerk checking all levels fixed. Reports (3) Having instructed the TOWN Clerk to employ another engineer in‘ the event of Mr Williams not coming over to fix levels on the west side of Main Sheet. and in Tu-1 Street. (4) Having no recommendation to make in respect of Messrs Booth MacDonald’s offer re stone breaker. Recommends (5) That a. ton of distilliate suitable for the new road roller be obtained in readiness for the arrival of this machine. (6) That Mr Jas. Sharp be informed that the Council regrets being unable to comply with his request in respect of selling a portion ofg Kaka Road and opposite Section 10 Block 7. (7) Have no recommendation to make at present in respect of selling totara blocks and old lrorbing being removed from Main Street.

ELECTRIC LIGHT AND WATER WORKS COMMITTEE.

The Elecahic Light and WaterWorks Commit'fee’s report was read as follows, and adopted:———

¥our Committee 'recommends:—- (1) That the Electrical Engineer be a.ui}vorised to erect a. concrete coal bin

at the Power-house. (2) That the Chairman and ihe Electrical Engineer be requested to interview Mr Miley, re poles for electric main extensions, and purchase such extra poles as in the opinion of the Engineer are necessary for the new Work in Kiwi Road. (3) That the Electrical Engineer be authorised to have the motor bike rcpaired. (4) that three dozen 3-amp. motors, 230 volt, be obtained, after quotations have been obtained for same.

FINANCIAL COMMITTEE ’S REPORT.

The Finance Commiftee reported as follows:—— M

Your committee reeomrnends.——That accounts and vouchers amounting to £3430 15/6 be passed for ‘payment. That old, unpaid accounts (mostly statute barred), as per attached list, amounting to £7l 11/1, be written ofi. That outstanding rates, amou-nt-ing to £62 0/11 be Written off. That the assignment of the lease of the Town Hall from H. Carr to Mr Chas. Cuff, be approved of.——Adopted. The question of levels in’ the works now in progress was brought up by the Mayor reading a. letter from Mr Anthony Nathan, in which attention was drawn to the fact that the present footpaths would be lowered a foot if the proposed levels were adhered to. This would niaterialfy depreciate the value of his property, and he desired to record his objection, Mr Emerson also wrote regarding the raising of the footpath in Kokako Street, and stating Mr Williams had pronlised to let him have the specifications, which he had not done. If the levels were raised it would greatly depreciate. the value of his! property. The Mayor said other propertyholders were in a similar position. Some levels were up and some were down. The position was that. the Council cannot put down footpaths and defend an action at law as -the same time. This was impossible. If the people were not satisfied, then those people would not get footpaths. The Council was not responsible for the original levels. ‘ Some. discussion took place regarding grading up the footpaths from the premises of those who are below the loVßl.‘ 4 '.‘ ’ , $1 ‘ ,-V.

The Mayor, speaking with regard to the footpath from the Bank of New Zcaland corner, said the level could be low'el'od a little by making the fall from each edge one inch, instead of two inches, for the I'emai~ndel' of the main street.

Messrs Nat-han’s and Emerson "5 lo? tors were ’r'ormally I'ecoi\‘od.

Mrs G‘. 1!. Brown was granted a loa.<e,f-or :1 further term of six months of‘ the Borough reserve near the cometery, the terms to be the same as previously ruling. ‘ -‘ This being all the business, the Council adjom'n<.-d af 10.40 p.m. til] the 16th April. .