NEW PLYMOUTH BOROUGH COUNCIL.

Taranaki Daily News, 18 September 1918, Page 7

NEW PLYMOUTH BOROUGH COUNCIL.

( MONTHLY MEETING, i ''< i The monthly meeting of the New Plymonth Borough Council was held on Monday night, His Worship the Mayor fMr C. H. Burgess.) presided, and there were present: Crs J. Clarke, J. W. Hayden, F. J. Hill, W. F. Short, E. Griffiths, VV. A. Collis, and 6. W. Browne. REPORTS. The departmental official reports, and committee reports were received and adopted EXPERT'S CHARGES. P. Black, consulting engineer, wrote in reply to the Council's letter, regretting that his charge for certain services rendered between June 20th and July 3rd had been considered excessive. He pointed out that the rate per day was his customary charges for services in connection with legal proceedings relating to engineering matters. Such work, while exacting and important, was usually of short duration, and a higher rate than is charged for woric extending over longer periods of time was invariably made by consulting engineers. "It can scarcely be the case," he said "that tho council would expect to be charged on the latter basis for a brief engagement, and one, moreover, that involved the putting aside of everything else then in hand. I must necessarily assume that a client engaging my services for legal proceedings considers the interests at stake to bo of sufficient importance to justify expert professional payment. In the present instance the council's interests were unquestionably important, and further were threatened seriously as the outcome of earlier proceedings. The facts that the evidence to be obtained and its presentation to the Military Service Board were left to my judgment, and that the ultimate decision of the Board conserved those interests, are matters which it is not, improbable that the council would willingly have considered justification' for the payment of a larger fee than mine, had the case been merely a one in which a barrister, say, from Atakland or Wellington, ha 4 been engaged. My relations with the council, extending now over several years, have not hitherto led to the passing of a resolution of the tenor of that under notice, nor, I may say, have I yet had from a client any similar representation, though I have been enj gaged in a fair number of legal cases, both in court and at arbitrations. On the other hand, there has been more than one instance, during tho period referred to, when I have made no charge for work done for the council. At the council's request, on one occasion, X agreed to waive the whole of my fee for an important report. Again, for services rendered in carrying some fairly lengthy technical negotiation, on behalf of the council, with the Telegraph Departmeav, I have not made any charge, although entitled, under an agreement, to a substantial fee. I mention these matters with reluctance, and only because they bear out the fact that payment of all that was admittedly due has not always been claimed by me, so that I think the council in, taking the present exception •is scarcely showing a just appreciation of the position. Under the circumstances, I venture to express the hope that the council will be willing to reconsider its opinion and to concede that for urgent services rendered in the protection of p'3lic undertakings vital to the whole borough, the rate charged by me is not unreasonable."

The Mayor said he had not been present wheu the resolution was passed or he would have opposed it. To a certain extent he was responsible for Mr Black's engagement on the occasion, for he gave authority to get him, and he considered the fee should be paid. He did not think the charge was unreasonable. The position was that, the council had plant valued at about £12(1,000 in jeopardy. They were likely to have met trouble with the Military Service Board, and even if Mr Bartley had been exempted, the council's other employees might not have been, and the council would have been in an awkward situation. The Council's decision not to appeal for other employees was pointed out to be very unwiss by Mr Black, who said the positions jwould not be able to be filled if the electrical staff was further depleted. His expert evidence had convinced the Board that the council had a good case. The value of the works and matters involved were such that he did not think it was necessary to have passed the resolution.

Cr Hay den said he was still of the same opinion as previously, and considered the charge was excessive.

Cr Griffiths said the notice of motion had been given to rescind the resolution, and ihe believed that was yet to be decided. He still thought the charge was reasonable and hoped the council would remind the resolution and express regret to Mr Black for the opinion previously expressed. It was pointed out that the motion to rescind the resolution had not been actually dealt with as at the meeting, the chairman of the electric light committee and also the Mayor had been absent. Cr Griffiths therefore moved that the resolution be rescinded.

This was seconded by Cr. Collis. After a short discussion, the motion was defeated, the voting being-: Crs Griffiths, Collis, Brown and the Mayor; noes—Crs Clarke, Haydea, Hill and Short. The Mayor gave his casting voto against the motion, which /leaves the council's original motion as passed. The Mayor expressed the hopo that that would be the last to be heard of the matter. EXCHANGE OF SITES. In connection with the proposed exflhango of sites between the Council and the Education Board, after consultation with membere of the Board as to the council's purpose in dealing with the Rotokari, it was resolved that the council should not ask for the freehold of those reserves, but that the reserves should be permanently vested in the council for recreation and scenic reserve purposes. It wtes pointed out that rather than seeking the freehold for the purpose of ultimately disposing of any part of the reserves, the council's idea was to prevent them being disposed of in any way- . Cr Hill voiced his objection to the proposed exchange on the ground that it was a wrong principle to expect the borough to provide land for educational purposes, which was the Government's duty. AGAIN POSTPONED. The engineer submitted plans and estimates of cost for the proposed new public underground conveniences, io be erwttd in Brougham street,—OoMWcra-