BOROUGH COUNCIL.

Bay of Plenty Times, Volume XXXVIII, Issue 5524, 13 July 1910, Page 3

BOROUGH COUNCIL.

MONTHLY MEETING.

" The monthly meeting of the Tau- ,, yjnga Borough Council was held on f Monday evening. Present: His Worship the Mayor, Mr J. Bull (in the chair), Ors. G. W. Brown, R. J. Allely, '■ T. 8. Duucanson, G. A. Brabant, P. jfonro, T. Stuart, J. Toomath, A. F. -.., Tanks and 0. E. Macmillan. Ij*-, Before the minutes were confirmed » ; fCr. Stuart complained that certaiu ''-' I- trees in First Avenue had been cut - ■, • down without the Streets Committee. . • '', having first been consulted. 1 , , MCLEAN 6TREET. - ' Messrs G. A. Ward, J. A. McKenzie sod A. N. Bowden asked the Council fa) carry out repairs to McLean Street, 4tota Willow Street to Cameron Eoad. ->The letter was referred to the Streets .-. Committee, with power to act. • INVITATION OK MINISTEBS. MrH. Phillips, hon. secretary of the Tauranga Chamber of Commerce, wrote ; asking the Council to co-operate in inviting the Hons. J. Carroll, D. Bttddo, T. Mackenzie and Dr. Findlay to visit the Tauranga district as soon as convenient after the present session. Cr, Tunkfe moved-'J hat the letter , be received. Cr._Macn3ilkn thought the action of the Chamber of Commerce was forcing , tfie^haods of the ratepayers in this matter. Cr Toomath supported inviting the ' Ministers. .'. Cr Stuart seconded the motion.

-Or, Toomath moved an amendment— ' -That the Ministers be invited to visit * the district and that the Council cooperate in their reception. Cr. Munro seconded the amend- ', jnent. Or. Macmillan said he believed in . -Ministers being invited to visit the • * district but objected to the expenditure ' if the ratepayers' money in their reception. He would support the amendment, provided that Cr Toomath added \ to his amendment that nene of the Council's funds be spent in entertaining the Ministers. Cr. Tunks said the Chamber of Com•merce invited the Ministers and then *" asked the Council to pay. • . Cr. Toomath said he would not * 'object to adding to his amendmnnt the j addition suggested by Cr. Macmillan. j " Cr. Brown said the Chamber of ■Commerce would be only too willing to co-operate with the Council in * lioviting Ministers, and did not wish to dictate to the Council. Or. Tunks, with the consent of his aeconder, withdrew his motion. •_" The amendment was altered to .read—That a reply be sent to the Chamber of Commerce that the Borough Council co-operate in the invitation to the Hon. Ministers/but that no financial aid will be given from the Borough funds. - In this form the amendment was put and'carried. '-,-- ' BLOCKED DRAINS. "' * MrJ. Tutchen wrote in regard to ■ tbe blocking of his drains, etc., and asked the Council to put a man on io put his drains in working order at once. The letter was referred to the Streets , Committee. , . , VATAMATA-TAURANGA EOAD. •■ MrT.K. Williams, Okauia, sent a communication regarding the Mata-mata-Tauranga Eoa^, via Tui Track, - iimilar to the letter sent to the Tau - ranga Chamber of Commerce and County Council on the same matter, and already published. r- . . Jt |M» decided to co-operate on the r lines indicated in the letter. % ' AKCHITECrs' I'LANS

% •MrH. A. Sharp sent a legal opinion -; ' re architects' plans. He said he had >Bot been able to find any decided case M to whether an architect is, or is not. 'entitled to retain plans and specifica- ! tions prepared by him and paid for by ail employer. In the absence .of-any term in the contract dealing with the i.. .point, on general principles the work y-4> done for the employer and paid for by bitn, and one would suppose the product belonged to him. There is, .Jwwever, he believed, a custom to the Contrary. It is, he believed, a unitersal custom for the architect to retain his plans and specifications. JBuch a custom, if established by - 'f evidence, would be-,au implied term of ■f^the contract. In considering this, "''Evidence might be given of previous >, dealings with *he same architect, which would show a course of dealing. Mr * Sharp said he was inclined to think the Borough cannot claim the plan-;. Cr, Macmillan said they desired information in regard to engineers' * ;plani and not to architects' plans. ".. 'tvCr. Munro thought the matter was to have been referred to the Muni- ; cipal Association's solicitor. j -/*Ct. Macmillan was of the same '; "opinion. i - t It was decided to refer th« matter ■ "*> plans to the solicitor of ■ -the. Municipal Association for an ■pinion. ''*[ ' BTOKHIG RUBBISH. -' ■ Mr P. Munro applied for permission , *to burn rubbish in Selwyn Street, i ' Permission was granted, subject to tne supervision of Cr. Brown. MUNICIPAL CONFERENCE. . - Mr W. H. Herries wrote jegretting that he would be unable to attend the > opening of the Municipal Conference, as he would not arrive in Wellington 3a time.

■>- i OVERDRAFT APPROVED. '->i Mr J. W. Mathieson advised the Council that its application for an OTcrdraft limit of £600, on the Borough Council's District Fund Acoount, has teen approved by the general manager of the Bank of New Zealand. A CLOSED ROAD. Mr W. West wrote asking that the portion of Grace Street between Morris Street and the beach be opened forthwith. He pointed out that the street is enclosed by four gates and fenced. Cr. Toomath thought the road should be opened, and said the Council bad do option but to open it. ' Cr. Stuart thought if a ratepayer wanted a road opened, the Council would have to comply. -Xr Toomath moved—That notice be gwen to thore occupying closed portion of Grace Btreet, that all obstructions mast be removed.—Lapsed, no seconder. The Mayor moved—That the letter be referred to the Streets Committee to report upon at next meeting —Seconded by Cr. Macmillan and carried. AS EXCHANGE PROPOSAL. The Hon. R. McKeuzio forwarded & memorandum received from his colleague, the Minister for Justice, in *epty to one sant by the Hoa. R. aleKeuzie, with reference to the proPosil that ths Police Department suoald exchange the police reserve at Aauranga for two sections belonging to the Borough Council. Dr. Findlay, »i ma memorandum, stated that a. •pecial valuation, made in April last, wwwel that the police section was worth £300. while tho. suwtions wstwl >n tho Borough Council weio. only worth £-200. Ho said that the Borough Unmcil was informed that its proposal fc'Uld not be entertained, but that," if it were able to make a better offer than Wat already forwarded, he should b? %f k to Blve il consideration.

I A BATING QUESTION. The Bruce County Council wrote asking co-operation in supporting a resolution to facilitate the collection of rates, and to request Government to have the Hating Act amended by mak«ng it compulsory upon conveyancers or owners to give written " notice to the local authorities of every change of ownership or occupancy of rateable property. Cr. Macmillan said the request made was law already. It was decided to ref r the Bruce Council to the section of the JBatin<* Act bearing on the matter. °

REQUEST FOR MONETARY ALLOWANCE. Mr Mc?aw, town clerk, applied for monetary allowance for the extra work and trouble he had had in regard to the waterworks loan. He said he did not think that £15 would be too much fcr his services in this respect. _ The Mayor said there was no question about the extra work that had been placed on the town clerk by the waterworks loan. In reply-to Cr. Toomath the Mayor stated the town clerk's salary was £105 per annum, £75 of which" was contributed by the Borough funds, and £30 by the wharves dues. Cr. Stuart was against compliance with the request. | Cr. Tunks said they could consider the matter of a bonus later on. Cr. Tooraath moved—That the letter be received.—Lapsed, no seconds*. The Mayor moved—That the letter be held over.—Seconded by Cr. Brown and carried. HAIRINI BRIDGE. Mr Griffiths, county clerk, in reply to the Borough Council's inquiry re Hairini bridge expenses for year en'led March 31, 1910, stated that the couuty expended £8 Is out of ordinary re venue, and £81. 12s 3d ■ cut of loan. Several councillors said the information received was insufficient.

Cr. Munro proposed—That the Municipal Association's solicitor be asked for an opinion as to whether the County Council, which is the administrative body in the matter of expenditure on the flairini bridge, are entitled to forward to this Oouncil an item account of expenditure on said bridge when requested ao to do.—Seconded by Cr. Tunks and carried. THANKS. Mr A. Washer wrote thanking the Council for its resolution of (sympathy on the occasion of his resignation. STREETS AND KOADS. The foreman submitted a report on work done during the past month : Watertables in Grey and Hamilton Streets cleaned; cutting leading to Edgecumbe road rounded and sanded ; several culverts had, to be lifted, owin^ to heavy ram; the streets committee thought it advisable to put on an extra cart, as the roads were getting in a very bad stata; Devonport Road, Willow Street, and a portion of Cameron Road sanded; Strand shelled: crossing on Cameron Road to Presbyterian Church attended to.

vCr. Munro called the attention of tbe Streets Committee to the bad can - dition of Cameron Road. He said the footpath from tbe Presbyterian Church to Mr Brain's was under water when it rained, and required riling. The Mayor drew the a'te.ition of the Streets Committee to the fact that storm water was turned i-ff the road way into his property.

Cr. Macmillan said a large sum of money would be required to carry out drainage improvements to Cameron Road, aud various other roads and streets.

Cr. Stuart contended that water could be permitted to follow its natural fall, and the Council could not be held responsible. Cr. Allelyisaid there was not enough money conserved to carry out the necessary works of the Council. About I £300 had been spent in luxuries : baths, library, lighting, etc. The roads should be a first charge on the revenue. The Mayor said more money was required if they wished to improve the roads. There would be opposition to higher rates. Cr. Toomath : Raise the rates. Cr. Allely: Keep tne money for the roads and footpaths. Cr. Macmillan said the estimates for the streets were trivial. Tin Mayor moved—That stej>3 be taken to apply to the proper authorities to set asdJe a quarry reserve of ten acres Bear Mr Muuro's [.roperty, To Puna. The mover submitted a sample of stone from the locality. The motion was seconded by Cr. Allely and carried.

Cr. Brown stated that Mr Gamman, of Ganiman's Tauranga Sawmilling Company, had informed him that the Company would be able to land metal of the best quality in Tauranga at about 10s per yard. The metal would be brought as ballast by the scows used for the transportation of timber from Tauranga. "WHARF MATTERS. The wharf storeman reported that the storage collected for June amounted to £1 Hs 9d. Cr. Macmillan moved—That a report on the wharf dues be submitted by the Wharves Committee at the next meeting, comparing the quarter ended June 30, 1909, and June 30, 1910 He said the* wharves should show a sufficient revenue to cover the cost of repairs and improvements. The wharves should be made entirely self-supporting and should not borrow frdm the general account. The motion was seconded by Cr. Brabant and carried. VALUATION ROLL CHANGES. The following alterations to the valuation roll were authorised : Lots 3-15/7, section 2, from — McCaw to M. McCarten; lots 573 to 578, section 2, from W.' Hopper to J. 8. Alexander, valuation £15; part lot 458, section 2, from A. T. Jackson to G-. Harding; lots 338, 339, section 2, from , to M. McCarteu. SANITATION. The Banitary Committee reported that they were of opinion that the filling-in of Mr Castaing's allotment, No. 214, is absolutely necessary, and recommended that instructions begiveu accordingly. Re smell on Devonport Road, the committee reported that this has apparently abated, but the allotments below and behind Mr Donovan's stables are not in a good state and are sure to smell, and be insanitary in very wtt or very warm weather. They recommended that the owners be instructed to fill in these allotments, Nos. 224, 5, and 6.

Cr. Brown moved—That the report be adopted, and that the owners referreJ to bo given notice to fill in allotments. Cr. Toomath seconded the resolution and said that sanitation was necessary i i the town. The motion was put and carried. The Inspector of Nuisances reported that, on awnunt of so mu^h 1>; «1 weather, ho has not been able to get the backyards ii?to as satisfactory con- j ditiou as ho would like to see them. They are at present rather muddy, but a few days good weather wi!l alter that, and then he iniends to insist on "e^ryth>g b&i»£ nu,tiu apfle-^i& ord.«

for the coming summer. Mr McStay has carried out his drain to low.water, mark. The inspector paid : '• fsow we have only Mr Floyd to fight, buc m this contest I don't anticipate much trouble." The concluding clause in die report stated nothing has been done t» Mr Castaing's allotment, next to Mr j Cook's in Grey-street; this should be enforced before the warm weather sets in.—Received. PAYMENTS. The following accounts were passed for payment:—S. Smith 12a 6d, J. Faulkner £2 14s, E. E. Hammond 2s, Boyal Insurance Co. 8s 6d, T. S. Duncanson £l 10s Id, T. E. Wayte 13s 7d, 0. Howell 4s, wharves insurance £1 lo's, Guinness Bros. 8s GJ, A. E. Hammond £1 149 6d, election expenses £2 2s, Gas Proprietary £41 19s 7d. An account from Mr C. F. Washer for £18 10s was re-commended for payment by the Fire Brigade Committee, subject to the shafts of- the engine carriage being strengthened. An account from the Gas Proprietary of £1 2s 2rt, for fittings in the Band room, was passed for payment. An account received for £9, halfyear's capitation to the Fire Brigade, wa3 referred to the Fire Brigade Com-' mittee. STRAYING ST..CX. Cr. Toomuth complained of horses and cows strayiug-on the streets at night. On the previous evening he counted 18 cattle running on the roads. He wished to draw tbe attention of the Impounding Committee to the matter.

Cr. Macmillan stated that cattle were continuously straying on the streets.

Cr. Allely said there was not a night in the week that horses aud cattle were not running on the streets. The matter was in the hands of the Council, because the poundkeeper was not made to do his duty. The Conncil should make the employee do his fluty. Cr. Brabant suggested that the matter be referred to the Impounding Committee to report upon at next meeting. Cr. Macmillan moved—That in vie;? of the repeated complaints of horses and cattle on the streets after dark, the ranger's position be declared va cant, unless during the coming month the Impounding Committee has cause to report favourably on the absence of horses and cattle on the streets after dark.—Seconded by Cr. Allely and carried.

In answer to Cr. Tunks the Mayor stated that the poundkeeper'a salary was £1 3s 4d per month, while he received £2 Is 8d pev month for his duties as Inspector of Nuisances.

The Mayor read the resolution to the poundkeeper. The poundkeeper said it was a matter of impossibility to impouud stock owing to the playing of the band, and other amusements going on in the Band-room. Another reason was that horses and buggies were put in the pound enclosure, and the gates shut by people making use of the pound. I Cr. Macmiilan advised the pound keeper to impound any horses that he found placed inside the pound euclosure. LEASING ENDOWMENTS. Only one tender was received in each instance for the four endowments offered for lease, as under : — Lots 297, 298, section 1, Mr T. Floyd. £12 per annum. Lots 45, 40, and 47, section 1, Mr J. EL Griffiths, 15s per week. Lot 163, section 1, Mrs E. Hornf, £33 16s per annum. Lots 842 4. 850 •6, section 2, Mr J. S. Whibush, £3 per year. The above tenders were all accepted TREES AND HEDGES. Cr Br»\vn asked for permission to top some trees in Duvonport Road, be tween Fourth and Fifth Avenues. . Permission was granted, subject to the supervision of the Streets Commit tea. Or. Toomath made a request to be allowed to cut down a number of poplar, trees, and to top others in the vicinity of his property. He signified his willingness to plant smaller trees in place of the poplars. The request was granted on condition that other tree 3 were planted in place of those felled. Cr. All-ly asked the Council to allow him to secure a number of willow tre-3 dippings for planting in th« schoolI ground. Cr. Br.nvn offered to supplj t\ese from the trees that he intended trimming. Cr. Brown moved—That notice be given by the Council to the owner or lessee of Dilston, requesting that the beige on the Devonport Road side of the property be trimmed at once.— Seconded by Or. Stuart and carried. Cr. Brabant thought that a report on overhanging hedges should be sub mitted by the foreman.

Cr. Allely pointed out that there Yore many overhanging, hedges, and considered it was the. duty of the Streets Committee to bring in a leport on the matter.

Cr. Macmillan disagreed, and move! —That the surfaceman be instructed to hand in a list of all sections where hedges are overhanging, and thafc the clerk be instructed to S9rvo the offdnding owners with notice to cut them back—Seconded by Cr. Toomath.

Cr. Munro thought it wis not the duty of the surfaceman to prepare the list, and moved an amendment— That instead of the word "surfaceman " the words " streets committee " be inserted in the motion.—Lipsed, no seconder. The resolution was put and carrie j. ILLUMMATIOX. Cr. Toomath complained that the light supplied by the Gas Proprietary was inferior, and suggested that tin agreement between the Council aud the Proprietary should be looked into. BY-LAWS Cr. Tunks moved the followiug resolution, of which notice had been given—That in accordance with section 348, of the Municipal Corporations Act, 1908,- a special meeting of this Council be held for ths purpose of making by-laws, the date of such special meeting to be fixed by the j Council. In speaking to the motion, i Cr. Tunks said that some time ago lie prepared a draft by-law in regard to a brick area, and the same had V:o.i apprjved by tin Council. To make the by-law effective a special meeting would have to be held, when o'her bylaws could also be dealt with The motion was seconded by Cr. Toomath and carried. It was decided to hold the special meeting on July -2b.Cr. Tcoiuath suggested thit copies of by laws should be obtained from other boroughs. Cr. Mucin Turn said lh.it the making of by-laws was a cottly prjeess, ami they should go into the matter thoroughly. Aviro t. T.n ? C:. Stuart stated that, be heard prior to tho Council meeting that there was only one tender in for cac'i of the eudownieuts to be leased. He considered this information should not have been made known until tie ouno.il bad dealt with, th.3 tenders