HAWKE'S BAT COUNTY COUNOIL

Hawke's Bay Herald, Volume XXI, Issue 6632, 21 August 1883, Page 3

HAWKE'S BAT COUNTY COUNOIL

Monday, August 20,

Present— M> ssra J. N. Williams (in the ! chair). G. Rymer, W. A. Couper, P. Dol- ; bel, C. J. Cunningham, and J. Gr. Kinross. CORRESPONDENCE. Tho following correspondence was ! r -j<\ : — j From tho Under-Secretary, Department of Justice, asking for certain reI turns as to the C'St of county elections. — ! Ordei'ed to be furnished. ! From Mr Thomas Mitchell, Meanee, corriplu'ning* that two cows had been impounded owi'.g to their escape from their paddock in consequence of the fence i being brnk-n down by the branches of willows cut by order of the Council. — The Ranger reported that the cows were : impounded two days after the cutting j was competed. ■ From Mr Sutton, M.H.R., in acknowledgement of the service of plate pre- | sented to him by the Council fur his past j services 11... chairman. ! From the Colonial Secretary's Department, calling attention to the fact that tha Council's seal was not in accordance w ith the Counties Act, 1876, and that the conßpquences to the Council might be very serious. — Seal ordered to be altered. From Captain Russell, calling attention to the bad condition of a portion of the Omahu-Okawa road, on the edge of the Omahu swamp. He suggested that the road should be cut a few feet higher on the hill- side. — The County Engineer reported that while Captain Russell's suggestion would be effective it would he better to leave the road on ihe fl-it, and to keep it clear of water by cutting drains - . — Mr Dolbel warmly denounced the present road, saying it would never be decent ; he had seen five feet of water on it. He could not conceive -low any engineer could have taken the road through the swamp when he had gentle sloping ground close by. -Mr By mer endorsed Mr Dolbel's remarks, naying it would be better to abaudou the present road at once, and to form it on the side of the hill. He moved that the Road Oversaer he requested to rnport on th« co.t of re-making the bad portions of tht*r'>ad five feet higher on the hill-side ; also, the cost of the suggested drain. — Mr Dolbel seconded the motion, which was carried. From the Waip.wa Council, asking for information as to the duties of the Council's rangers under the Impounding Act, &c. - Ordered to be furnished. From Mr R. A. Wilson, Havelock, complaining of a depression in the road opposite his property.— The Boad Overpeer reported that the work of re-forming that part of the road was in progress. From Messrs M'Donald and Munroe, Loch Inver Station, Taupo-Hne, asking I the Council for some assistance towards | placing in repair the road from their homestead to the main-road. —Mr Cunningham moved that £30 be voted, | and Mr Kinross seconded. — Mr Dolbel said this was not a county road, and he proI teßted acainst county funds being, spent ! onit. Why did the Petane Road Board not repair the road . The settlers of that district did not seem inclined to ovar-rate themselves. — The Chairman thought the letter should be referred to the Road Board, and he moved an amendment to that effect.— Mr Cunningham accepted the amendment, which was cp.rried. GRANTS T7NDER ROADS AND BRIDGES ACT. The Chairman read the following correspondence forwarded by the Chairman r (Mr Sutton, M.H-8.,) for the information of the Council. The letters explain themselves : — To the Minister of Public Works, Wellington, 27th July, 1883. Sir,— l have the honor to call your attention to what I must consider the unsatisfactory working of the Roads Construction Act, 1882. If the Act is to be of benefit to the local bodies I feel sure that some radical alteration in its administration is necessary. The Hawke's Bay County Council has, as you are aware, undertaken liabilities under the impression that the Act would be adminstered in accordance with the terms issued from your office. Some months since a telegram was sent to the effect that when counties had expended their portion, and such expenditure was duly passed by a Government engineer, the Government would contribute its share. Subsequently we were informed that upon the certificate being obtained the Government would make progress payments. In the month of May, in accordance with the instructions as we understand them, we applied for a grant of money, and forwarded a statement showing we were entitled to claim it. More than six weeks elapsed before any notice was taken of the application, or any instructions issued to have the work inspected. After many delays the necessary instructions were issued for the inspection, and as the works were reported on satisfactorily I naturally thought there would be no difficulty about the money. I therefore sent in an application for £1500 on account of the grant, which seemed to me to be reasonable. Another delay, which to me is quite unaccountable, has occurred, and I find that, while I requisitioned for £1500, your department has only forwarded €422. What it means, or how it is arrived at, I cannot say ; it is not in accordance with any instructions issued to us from your office. I understand that the County Council are required not only to spend their own mouey, but also to provide the portion that the Government should furnish. I hear from Napier that the amount forwarded will not more than meet payments for next week, and that the County Council must either provide funds which Government should provide or allow contractors to wait for their money. I cannot think that the country will submit to this much longer. We have complied with the law, and I think we have a right to expect that the Government should keep its part of the bargain. I would strongly impress upon you the necessity of issuing such instructions as will enable local bodies to know what they are expected to do. At present it is all confusion, and most unsatisfactory. — I am, &c, F. Sutton, Chairman Hawke's Bay County Council. Public Works Office, Wellington, 3rd August, 1883. To the Chairman of the Hawke's Bay County Council, Wellington. Sir, — In reply to your letter of 27th July, complaining that the payment made to the county on account of the grant under the Roads and Bridges Construction Act was only £422 instead of £1500, as requisitioned for, I am directed by the Minister for Public Works to state that the £422 was sent as a ' progress payment, because upon the statement of the resident engineer, that sum was the whole of the amount expended in excess of the sum to be contributed by the county ; that is to say, it was the whole amount expended out of the Government grant. With regard to the future I am to state that when ypu informed the Minister that the County Council would meet in the second week in August for the purpose of passing vouchers for payment, the resident engineer was instructed to inspect the works during the . first week in August, and give a further progress certificate, and the Minister understood from you that this arrangement would be entirely satisfactory to the County Council. — I. have, &c, C. T. Benzoni, Acting UnderSecretary for Public Works. To the Minister for. Public Works, , y ' Wellington, sth August, 1883. .Sir,— -I have the honor to acknowledge the, receipt of your letter of 3rd instant in reference to the application of the Hawke's Bay ■County < 'ouncil for a grant of £1500. If I give you the impression that I c msidered the arrangement prop it-ed was satisfactory, it is evident wd did not understand each other. I thought : I Bad pointed out pretty clearly that the proposal to pay £422 was not in accord with' the instructions issued, and that the suggestion that the work should be inspected and reported on monthly was inconvenient both to the department and the country, and was establishing conditions which were not . contemplated in the instructions issued. Ido not feel in the lea.t satisfied, aa I must consider that the County Cauncil has been led "into a position it should not occupy, and that, while we h*ve endeavored to comply with the -.requirements of the Act and the instructions ' issued r undi'r it, we are met with a very unisai i.ft.ctory alteration of the terms upon which * the"'gMi£"was mWde. It is 1 no part of ■' the duty 'of the County Oouncil to waist the

Government; it Ims paid its proportion of the grant, and it vr.-w never contemplated, P'-e'-um", thar it was al-o to advance tin am 'lint due by the fto verrnneiit. It would i think bo more satisfactory if ynu w. re i o ; i'.ue definite msiructii ns in order thafc local bodies ii'igii' know what is their position, and wh ja thoy are likely io oh am the necessary funds. You will, T think, pardon me f-<r reminding you that (le < i ifferent replies \v< 1 a c received as to the forms to be ouiplie with before the grant is made are yen coi.fhctiny and ! feel p"rfec:ly sure that the proposal to hive all w,,rk* inspected and reported on «m.c a month i- altutioth.*- out oi the quesion. I am sur. i ; <a' tne district cru'ini er is pretty fully ernuknel wi'-h th, (evcnil contracts going or-, and -unjxifc po.-si >i<give the time r^quireci f.-r a ninthly 'nt-pec-tion of the work, in Hawkb's Hny and lite adjoining counties, and 1 think you wil remember that I pointed thi. out to you V-. c have kept our part of the bar>»ui", and I am under the impression th-it I have >ioorl grounds for cornplaininp thafc we have been mitted. - 1 have, &c , F. Strir o_r. The Chairman stated that the Council had not yet received any money. HAKAWHAI-MANGAWnARR ROAD. Mr Kinni.B moved that the Council take over the main road from FUkawhai to Mangawhare. He ure^d th tt this road was of more use to set'lers in th^ Patea than those in the Okawa district. The whole of tho Patea, traffic passed over it, and even after the new road was opened would continue to do so. That traffic was particularly severe on the roads, fir the Patea wool whs all sc >urod, ftnd that delayed its transit to Napier until the winter months, when, tlio r^-ids being soft, they were much cv* im. Hi* claimed the niipport of the ; th n * m mb<r , as he had supported then) in similar applications they had made of lat' 3 . Mr Dolbel seconded the motion. / Mr By mer opposed the motion, urging that, if that part of the road were taken over, the Road Board would have nothing lt-ft to do, and might aa well be dissolved. Only five or six uiiles cost anything to keep in repair, the grader portion of the road passing over the river b(*d, and the Council had voted several hundred pounds to assist the B >ad Board. Mr Beamish, tbe late chairman of the Board, had, when spoken to on rhe subject, laughed at the Council being asked to rake over the road. Mr Kinross said Mr Beamish had expressed himself differently to him. He (Mr Kinross) disputed Mr Rymer's statements, saying that the Buad Board would have plenty to do in keeping district roads in repair after the Council took over the main road. The motion wa« carried. THIS PATOKA KOAD. Mr- Dolbel moved that the Council take over the road from P«itoka to the boundary of the Petane riding. Mr Cunningham seconded. The Chairman : From Patoka to where ? Mr Dolbel : The boundary of the Petane riding. The Chairman : Where on the boundary ? Some place should be named. A map was produced and examined, when Mr Cunningham said he could not find the road marked on the map. The reason of the motion was this : At present large numbers of stock were driven to Auckland via Patoka, various tracks being taken from Patoka to the main road. There was no road, and wheeled vehicles could not pass, but the tr.-ick.. were very largely used. He wanted the Council to adopt one of the tracks, and to declare it a main road. A main road was useless if it had a gap in the middle, and he wished this gap removed. Under the circumstances, however, he suggested that the motion should be deferred until more definite information was before the Council. This course was agreed to. A PETANE DIFFERENCE. Mr C. Villers, Major Richardson, and Mr Cornford (as Major Richardson's solioitor) were present to watch the action of the Council relative to the endorsement of a resolution passed by the Petane Boad Board, agreeing to a request of Mr Villers thafc a disused part of the main road should be closed, Mr Villers in return making over the land through which the road now ran. Plans were laid before the Council, showing the position of the roads. The following written explanation of Major Richardson's objections was alao handed in by Mr Cornford ;— Hy the Crown £>rant ta Mr Villers of sections 49 aad 50, western .ide of harbor, the Jine of road therein shown, including the portion of road now proposed to bo stopped, was expressly reserved to the Grown, and the proper authorities (Council or Eoad Board) have therefore the right to form the road at any time. But, whether formed or not, the publ'o have a right to use it, and it i_, aa shown in a conveyance fr,»m Mr Villers to Major "Richardson of part of section 50. a public road to all intents. Reference to the Survey Office maps will shew thafc the evident intention of the authorities in layingoff the road was to give means of access to, and exit from, the lar.d now known as Pnhou block. That block is now iV. »jor sichard eon's prope-ty, «nd to cl«i. o a road which i» one of its appurtenances without granting an equally trood approach would be fco lessen the value cf the blocft and fco subject its owner to great inconvenience. It is not so much a que tion of to-day as a question of the future value of the property. Mr Villers i* the owner of the narrow strip of ground lying between the river and the r. -ad, whichis now proposed fco be conveyed by MrVid rs to fclie Council, and he could, if the proposed stoppage* were effected, exact almost his own terms from the owner of I'ahou blook for the u"e of a envi-l patch of land, say 20ft. by 20ft. Up to the present time Mr Villers has never objected to my client's crossing the plantation, knowing, doubtless, that to do so would invite the user of the road now proposed to be stopped. Major Kichardson has no wish to needlessly ass.rt any right as against the convenience of Mr Villers or the interests of t) c public, but he trusts that tho Oouncil will recognise the position in which he is pi cert, and not permit hi< property to be isolated in the maimer proposed. If ifc ho urged that the p,jr ion of s. cticm 50 purchased by Major Rii-hardson from Air Villes affords tfte needed access t<» the Taupo-roud I would reply that it i. not fair to deprive a landholder ot a right of road because he has purchased land co as to make thafc right more profitable, and further, that for the next nine or ten years the purchase made will only bonefit Mr Carswell, who is the lessee of th» greater part of the block. If at the time of leasing to Mr Cars well this question of roadstoppage had been before the publio my client woula have additionally protected his interests by reserving a right of road through tbe I property le«sed, but this was not done, and his position is now consequently so much the worse, 'lhpse being the facts of the ease I would respectfully direct the Council's attention to BO"i ion 93 of the f'ubltc Works Act, 1882, which I iu*>mit absolutely prohinits the proposed road .toppage uiilt)..a an equally good approach is afforded. j Mr Rymer could not see any reason for difference. Major Richardson had told him he would be very sorry to interfere if the matter could be settled, and Mr Villers was anxious to have it settled. It seemed that the road as originally laid out would have had to pass through 'swamp at that place, and to avoid ifc Mr Villers had given three times the number of aores to allow the road to be diverted. He moved th»t the exohange of land as rf-commended by the Petane Road Boardbe confirmed. The Chairman said it was self-evident that the exchange was one of expediency, ahd the settlers were all but unanimous in saying ifc was for the public benefit. The Counoil had not to give a legal decision. They might accept the resolution as passed by the Petane Road Board, and let Major Richardson then bring forward • his legal objections. After some remarks fnmMr Kinross in support of the motion, it was unanimously carried. MISCELLANEOUS. The tender of Huynes and Lynn, for metalling 70 chaint of road near Captain Russell's plantation, at 7a 4d per chain, was accepted. I

The County Engineer (Mr C. D. £>> - nedy) reported that the engineering survey of the new Petane-Pohui-road had been completed, and most of the plans forwarded to Wellington. He added : - " I have much pleasure in statins? 'bat the line of road is better than was anticipated when the sketch survey was made, aud will, when constructed, bn a great improvement on the present one." The Road Overseer reported on work--in progress, and recommended — (1.) That a portion of the road between the Paki Paki railway crossing and the hotel be repaired ; cost £50. (2.) That a mile of road opposite the Maori pah at Te Aute be mehilled; cost £60. (3.) That to protect from t'avellintr st'.ek the willows planted on the river bunk between Puketapu and Hakawhai 60 ch'iins of fence be erected between Mr Hawse's pate and Messrs Nelson Bros.' fence at Hakawhai ; cost £60. — The report was adopted. The ordinary monthly vouchers were passed for payment, and the Council ndjourned.