ST. KILDA COUNCIL

Evening Star, Issue 21708, 1 May 1934, Page 6

ST. KILDA COUNCIL

COUNCILLOR LIVING OUTSIDE BOROUGH RESIGNS PLACES IN UNTENABLE POSITION Duo to his living outside the borough, Cr S. Hartley was asked for his resignation at last night’s St. Hilda Borough ■ Council meeting. It was explained that when the councillor first moved from- the borough the legality of his remaining a councillor had been discussed, and it had been unanimously decided not to take action. An objection raised by a person outside the council had caused it to be reopened, and legal opinions that had been obtained stated that Cv Hartley would have to resign. When the mayor (Mr John Beattie) refused to accept any motion to further delay the matter, although it appeared to be the wish of most councillors that Cr Hartley ho allowed another fortnight to obtain a legal opinion for himself, Cr Hartley left the ; council chamber. Present at tho meeting apart from the mayor and Cr Hartley were Crs M. H. Leary, J. Robinson, J. A. Carman, G. Glue, W. G. Baird, R. J. B, Griffiths, E. W. Hunter, and N. D. Anderson. At Cr Hartley’s request the matter was considered in open council. Two legal opinions to the effect that Cr Hartley was not entitled to remain a councillor were read, one from the Municipal Association’s solicitor and another obtained personally by the mayor. Cr Hartley said that he felt the matter had been reopened for some reason. He desired to obtain copies of the letters sent to the association's solicitor, together with the replies. Some time before last Christmas the council unanimously accepted an opinion _that he was entitled to his name remaining on the roll, but now that solicitor had soon fit to reverse his decision. The speaker .failed to appreciate the reason for the change, and he had been advised by the organisation which ho represented “ to sit tight ” and see what the council intended to do. When the matter had come up previously Or Hartley had been led to belie.ve that his position was safe, said Cr Anderson. He had been misled; although’ unintentionally. He had been placed in an untenable position. Cr Robinson explained how, when tho matter first, arose, the council unanimously decided not to press the matter ■m that- the expense of an election ■ night be saved. However, an outsider bad objected, and that had upset everything. Upon being asked by Cr Glue if he had to call for an election the Town Clerk reported that he would have to strike Cr Hartley’s name from the roll mid that an, election would be held within twenty-eight days. Cr Leary appealed to Cr Hartley voluntarily to offer his resignation. Cr Hartley inquired if tho council would grant him copies of the correspondence, and Cr Anderson moved in this direction. Seconding tho motion, Cr Baird said that the position was strictly a legal one, and ho could not see how it could lie altered. However, no councillor desired to see -Cr Hartley defeated on a technicality, and therefore if he could mate use of the correspondence after studying it he should bo given every assistance. But the town clerk had a duty. There was a penalty against him if he did not strike the name from the roll. The position had been forced on the council by an objector. “ Could 1 obtain six months’ leave of absence to overcome the difficulty?” Cr Hartley asked. “ 1 intend to reside again in the borough.” The Town Clerk said that leave of absence could not be granted. “ The council cannot legalise anything that is not permitted,” said GT . Robinson. It was to avoid spending £6O or £7O on a contested election that the council unanimously decided to raise no’objection when the question first cropped up, said Cr Baird. The motion was put to tho meeting and carried. Cr Hartley thanked the, council for granting him the correspondence. “ Knowing the position and knowing the legal opinion that Cr Hartley is not : entitled to'sit on-the council," we Cannot plead ignorance of the facts, and therefore what position is each councillor to take in the matter?” inquired Cr Leary, who desired that ’every- councillor have his decision recorded. He himself wanted it known -that, whilst he did not object to the correspondence being handed to Cr Hartley, he was not desirous of delaying: decision in the matter. Perhaps each councillor Was - under ‘a penalty. The town clerk certainly was. Cr Anderson said that lie did not consider the council would Imperil itself by adjourning-the matter for two weeks, in which time Cr Hartley could obtain for himself an opinibn on the position. He moved accordingly, and Cr Carman seconded. * “ We do not seem to have’ the pluck to finish it off.” declared Cr Leary. Cr Glue; I think the motion is out of order. The mayor has read the rulings on the matter, and we. shall have to abide by them. ■ Cr AndersOn: Is no motion from the council necessary at all? The Mayor: No. Cr Baird pointed out that there was an avenue out of the difficulty along the lines of the intended motion. Tho town clerk could refrain from declaring Cr Hartley’s seat vacant for a fortnight, upon the assurance being given by Cr Hartley tiiat he attended no future meeting of the council until the matter had been finally decided, or unless he had some authority to prove that he was still eligible to remain a councillor. Cr Hartley undertook to resign if necessary within tile next fortnight if Cr Baird’s suggestion were adopted. The Mayor; In face of the opinions given I do not see what is to be gained by any further delay. Cr Hartley knew that the matter was coining before ns, and should have bad something prepared. If we wait we can only come to the same position in a fortnight’s time. Cr Baird: I am not questioning the ruling, but as a mark of courtesy I thought the latitude might be granted. The Mayor: There is no alternative but to have Cr Hartley’s name erased from the roll. In retiring Cr Hartley said that there was no personal feeling involved in the matter. It was not definitely stated in the Act that he was ineligible as a councillor. Various solicitors interpreted it in various ways, and he considered that he might have been given an opportunity to go into the matter for Ins own sake. His associations with the council had been pleasant, and be hoped on some future occasion to sit again at the table. (“ Hoar, hoar.”) Before leaving, and on Cr Baird’s instigation, every member of the council present shook hands with Cr Hartley, and Cr Baird later moved that a letter bo forwarded to Cr Hartley on behalf of the council, expressing its regret

that circumstances had,arisen whereby it had been necessary for him to resign. WATER PRESSURE FOR FIRE FIGHTING. A letter from the secretary of the Dunedin Fire Board stated that it had been reported to the board that the water supply and pressure on the occasion of a fire at a chair factory in Albert street, St. Clair, had been found to be inadequate. The writer requested that the matter be given attention, and that advice be given regarding the water supply for fire fighting purposes in tho borough. At a more recent fire the same position had arisen it was reported. Recent tests taken all over the borough after the fires had revealed that tho pressure and supply were quite satisfactory, said the town clerk. Prior to those tests being taken the silt box of the council’s meter had been cleaned out, and a large amount of slime and packing had been removed. The tests showed that the pressure had been ,increased from 301 b to 751 b to the square inch, and the supply from 50gal to JOOgal a minute. No doubt the council bad been economising on its water for a considerable time, said Cr Carman. But the mains in the borough should be flushed out more often. To his knowledge they had not been flushed for the last three years. It would be a sad state of affairs for St. Hilda if every time a fire occurred the arrival of the lire brigade’s motor pump had to be awaited before sufficient water pressure could be obtained, Cr Anderson said. Flushing the mains would be an expensive item, said Cr Baird, as the council had to .pay for every gallon of water running through the meter. As long as the water being received by consumers was clean there should be no necessity to flush the mains. Cr Hartley: We have to consider making supply and pressure reliable for fire fighting. There should be frequent tests at all lire plugs. Cr Anderson said. If it were the duty of the Fire Board to carry out those tests there was no reason why the council should be blamed for the inadequacy of the water at the recent fires. , Cr Baird said tiiat- nothing could get out of order at a fire plug. The source of the trouble was in the water meter. Until a now one was installed trouble cofikl be expected. Cr Carman was of the opinion that the corrosion in the pipes . was responsible for the fault. Cr. Anderson: I have heard that the mains have not been flushed for over five years. Arc they supposed to be flushed? ' The Town Clerk: Yes; they should be flushed every six mouths. The town clerk was instructed to reply to the board that the matter had received attention. ST. HILDA BAND FUNDS. In requesting a grant toward its funds, to attend the centenary contest at Ballarat, a letter from the St. Hilda Municipal Band stated that it had been considered desirable that- the council should make a donation instead of individual subscriptions being asked from residents. Various entertainments were to be organised, and the council was requested to grant the free use of the Coronation Hall for such occasions. Cr Anderson said that the band was really asking too much, and he was unaware whether it expected to get what it sought. Crs Carman and Baird spoke of the band’s fine services. The object was worthy of some support. Cr Hartley said that the council had offered no assistance to the. Beach Improvement Society—an organisation worthy of more support than the band. Following the suggestion of the Mayor of Dunedin (the Rev. Ei T, Cox) that, in accordance with the borough’s proportion to the rest of the city, it should provide a tenth of the required amount (£1,200), Cr Glue moved that the council grant £l2O to the band. Cr Carman seconded the motion, of which Cr Anderson was the only other supporter. The matter was then held over for future consideration. On the motion of Cr Baird the use of the lodge rooms was placed at the band’s disposal for committee meetings. As regards the hall concessions, it was decided that they be considered when the applications were made. HALL CHARGES. When several letters were received requesting concessions in charges for Coronation Hall, Cr Baird pointed out the increasing tendency to seek such concessions.whenever applications were made. 11 If we continue to make a concession to every applicant we shall not know where wo are,” said Cr Hartley, who moved that the hall charges be revised by a sub-committee and submitted to the next meeting. The motion was carried. The usual reduction was granted the Forbury School Committee for a forthcoming concert. SCHOOL WATER CHARGES. The St. Clair School Committee requested a concession on the charge for water used by the school, as the committee found it increasingly difficult to make ends meet, and considered that the charge made to the schools in the borough for water was excessive. A similar letter was received from the Musselburgh School Committee. It was considered that the charge was.as reasonable as the council could make, and it was not prepared to grant any rebate. AMBULANCE GRANT. In response to an appeal for a contribution toward the St. John Ambulance Association, it was decided to grant the same amount as last rear. £lO WORKS. Reporting on works carried out in the borough during the past two weeks ended April 33, the Borough Foreman stated that several streets and footpaths had been tar-patched. Other streets had been metalled and blinded. Rotten rock, spalls, and spoil had been carted to the Victoria road footpath. One hundred and twenty-three relief workers hod been engaged in tho borough, grassing streets and building a wall and kerb. For the ensuing fortnight, the foreman recommended the patching of streets and footpaths. Council, Douglas, Jackson, and Bowen streets to be tar-sealed if possible.— The report was adopted. LICENSES ISSUED. Five motor drivers’ licenses had been issued during the past three weeks, the borough traffic inspector reported. Three building permits had also "been granted.—Adopted; WATER CONSUMPTION. During the three weeks ended that day tlie water consumption of the borough had been 6,899,000 gallons, at a cost of £147 9s Cd. as compared with £143 11s for the previous period. This was reported by the town clerk.— Noted. FINANCE. Accounts amounting to £1,515 Is lid were passed for payment.