therefore recommended that the room originally suggested in the Criminal Courts Building, that is at the southwest corner of the First Floor be assigned for use of the Magistrates Court. At meeting held March 24, 1915 (see Min. page 386), a resolution was adopted on motion of the Chairman of the Finance Committee, assigning for use of the Magistrates Court, First District, the room at the southwest corner of the first or ground floor in the Criminal Courts Building, Borough of Manhattan. The President, Board of Aldermen, Chairman of the Committee to which was referred the request from the Chief City Magistrate for rescission of the action taken in assigning to the Court of General Sessions the room in the Criminal Courts Building at present occupied by the First District Magistrates Court reported orally that it was his judgment that it would not do to put the Magistrates Court out of the Criminal Courts Building, and a discussion followed as to the advisability of endeavoring to arrange for the removal of the Criminal Branch of the Supreme Court now located in the Criminal Courts Building, to the County Court House. The President of the Board of Aldermen then suggested that the Comptroller be substituted as Chairman of the Committee. The Chair then appointed the Comptroller Chairman of the Committee with instructions to take the matter up with the Justices of the Appellate Division with a view of arranging, if possible, for the removal of the Criminal Branch of the Supreme Court, Part 1, to the County Court House. Adjourned. JOHN KORB, JR., Secretary. COMMISSIONERS OF THE SINKING FUND OF THE CITY OF NEW YORK. Proceedings of the Commissioners of the Sinking Fund, at a Meeting Held in Room 16, City Hall, at 11 o'Clock A. M., on Wednesday, January 26, 1916. Present at roll call-George McAneny, Acting Mayor; Alexander Brough, Deputy and Acting Comptroller; Henry Bruere, Chamberlain, and Frank L. Dowling, Acting President, Board of Aldermen. His Honor the Mayor arrived later. See note. Board of Education-Amendment to Resolution Authorizing a Renewal of Lease for, of Premises in the Parochial School of St. Peter and St. Paul, Brook Avenue and 159th Street, Borough of The Bronx. The Deputy and Acting Comptroller presented the following report and offered the following resolutions: To the Honorable the Commissioners of the Sinking Fund: January 22, 1916. Gentlemen-At a meeting of your Board held December 29, 1915, the Comptroller presented a report recommending a renewal of the lease of the third and fourth floors, Room B on the first floor front and half of the playground in the basement of the parochial school building of the Church of St. Peter and St. Paul, located on Brook Avenue, near 159th Street, Borough of The Bronx, occupied as an annex to Public School 10, for a period of two years from July 1, 1915, at an annual rental of $12,000, payable quarterly; the City to pay taxes and water rates upon the demised premises during the term of the lease or any renewal thereof, otherwise under the same terms and conditions as contained in the existing lease. It was suggsted at this meeting that the renewal of these premises be made for a period of one year, instead of two years, inasmuch as a resurvey of the school district was to be made in order to determine whether the Gary System should be introduced therein. The lessor refused to execute a renewal for a period of one year owing to the fact that the resolution adopted at a meeting of your Board held November 27. 1912, provides that the City may have the privilege of renewal for a further period of two years (provided the lessors do not, on or before January 1, 1915, serve notice in writing on the Board of Education adverse to said privilege). The lessor did not notify the City before that date that he was adverse to this privilege being given to the City, and therefore contends the City, having held over beyond July 1, 1915, it elected to remain in possession of the premises for a period of two years. In a similar case, that of the Coroners, the Supreme Court held that the City was liable for the renewal period expressed in the lease, and I therefore respetfully recommend, the rent being reasonable and just, that the Commissioners of the Sinking Fund adopt a rsolution authorizing a renewal of the lease of the third and fourth floors, Room B on the first floor front, and one-half of the playground in the basement of the parochial school building of the Church of St. Peter and St. Paul, located on the easterly side of Brook Avenue, near 159th Street, Borough of The Bronx, for a period of two years from July 1, 1915. at an annual rental of $12,000, payable quarterly; the City to pay taxes and water rates upon the demised premises during the term of the lease and without the privilege of renewal, otherwise under the same terms and conditions as contained in the existing lease. Lesssor, Church of St. Peter and St. Paul. Respectfully, ALEX. BROUGH. Deputy and Acting Comptroller. Resolved, That the resolution adopted by this Board at meeting held December 29, 1915, approving of and consenting to the execution by the Board of Education of a renewal of the lease to the City of premises in the Parochial School Building of the Church of St. Peter and St Paul, located on the easterly side of Brook Avenue, near 159th Street, Borough of The Bronx, be and the same is hereby rescinded. Resolved. That the Commissioners of the Sinking Fund hereby approve of and consent to the execution by the Board of Education of a renewal of the lease to the City of the third and fourth floors, Room B on the first floor front, and onehalf of the playground in the basement of the Parochial School Building of the Church of St. Peter and St. Paul, located on the easterly side of Brook Avenue, near 159th Street, Borough of The Bronx, for a period of two years from July 1, 1915, without the privilege of renewal, at an annual rental of Twelve thousand dollars ($12,000), payable quarterly; the City to pay taxes and water rates upon the demised premises during the term of the lease; otherwise upon the same terms and conditions as contained in the existing lease; lessor, Church of St. Peter and St. Paul; the Commissioners of the Sinking Fund deeming the said rent fair and reasonable and that it would be for the interests of the City that such lease be made. The report was accepted, and the resolutions severally adopted, all the members present voting in the affirmative. Board of Education-Turning Over by, of Public School 32, Lakeville and Little Neck Roads, Borough of Queens. The following was received from the Board of Education: To the Board of Education: The Committee on Buildings respectfully reports that it has given careful consideration to the following preamble and resolution adopted by the Board of Education on December 8, 1915: "Whereas, The Board of Superintendents, by resolution adopted on October 28, 1915, recommended that the grounds and building of old Public School 32, Queens, located at Little Neck, at the junction of Lakeville and Little Neck roads, on the boundary of the City of New York, be discontinued for school purposes and turned over to the Commissioners of the Sinking Fund;' and "Whereas, New Public School 94, Queens, which was opened on October 19, 1914, is large enough to provide accommodations for all the children formerly housed in Public School 32; therefore be it "Resolved, That the matter of turning over the building and the premises of Public Schol 32, Queens, to the Commissioners of the Sinking Fund be referred to the Committee on Buildings." -and reports thereon as follows: On October 28, 1915, the Board of Superintendents adopted the following resolution: "Resolved, That the Board of Superintendents recommends to the Board of Education that the grounds and building of old Public School 32, Queens, be located at Little Neck, at the junction of Lakeville and Little Neck Roads, on the boundary of the City of New York, be discontinued for school purposes and turned over to the Commissioners of the Sinking Fund." The matter was referred to the Committee on Elementary Schools, which, on November 9th, approved the recommendation of the Board of Superintendents, and forwarded the matter to the Committee on Buildings for action. The result of the action of the Committee on Elementary Schools was the preamble and resolution which, as amended on motion of Mr. Man, was adopted in the form appearing above. It appears that Associate City Superintendent Shallow, on July 12. 1915, addressed a communication to the Committee on By-Laws and Legislation, asking its opinion as to the use of Public School 32. in view of a suggestion made by Miss Anna Brett, principal of Public School 94, Queens, to which Public School 32 was an annex, that the annex might be used for a school garden, or for housing a class on one day each month in the school year. In his communication to the Committee on By-Laws and Legislation, Mr. Shallow stated that "there was a clause in the deed of the site of Public School 32, which provided that in case the property should not be used for school purposes, it should revert to the heirs of the grantor." The Committee on By-Laws and Legislation decided to submit the matter to the Corporation Counsel for an opinion. Such opinion was rendered by Acting Corporation Counsel Olendorf, on September 18, 1915. In the opinion Mr. Olendorf stated: "I beg to say, that from an examination which I have caused to be made, it appears that by deed dated April 1, 1858, and recorded in the office of the Clerk of the County of Queens in Liber 167 of Conveyances at page 23, on February 19. 1859, made by John Cornell and wife and Albert Van Nostrand, Isaac Poole and John H. Cornell, Trustees of School District No. 1 in the Town of Flushing, Queens County, said grantors conveyed to said grantees and to their successors in office 'the use of all that certain lot of land in the Town of Flushing, Queens County, for the purpose of erecting thereon a school house and the remainder to be used as playgrounds for the children who attend said school for the benefit of the inhabitants of the school district known as Number One in said Town of Flushing so long as said land shall be occupied and used by the inhabitants of said district for the purposes of a district school and no longer, and to be used for no other purpose whatever, * * * .'" Mr. Olendorf's opinion further stated: "it is to be noted that said instrument does not convey the fee of the lands therein described, but merely grants a license to use the same for the purposes therein set forth, and it seems to have been the intention of the grantor that the interest of the grantees should terminate whenever the premises should cease to be used as prescribed by the grant. "It seems equally clear that the grantor intended that such part of the premises as were not to be covered by the District School House were to be used as playgrounds for the children who attend said school.' If such is the correct interpretation of said instrument it follows that the use of all or any of the plot for more school garden purposes unconnected with 'said schoo!,' that is, the District School standing on the premises, would not be a use contemplated by the grant. "I am, therefore, of the opinion that in the event of steps taken by the heirs, or other successors in interest, of the above named grantor to establish a reverter, use of the premises in the manner suggested by Miss Brett would not operate to defeat a reverter." In connection with the resolution adopted by the Board of Superintendents on October 28, 1915, above referred to, Mr. Shallow submitted a report, stating as follows: "When new Public School 94, in Little Neck, was opened, it accommodated all the children formerly accommodated in old Public School 32, and had, and still has, room for many more. "Old Public School 32 is located almost on the line between the City of New York and Nassau County. This school site is located at the junction of the Lakeville Road and Little Neck Road, and comprises a triangle of two parcels. One, containing about 15,500 square feet, was granted to the first school district of the Township of Flushing in 1859 by John Cornell and his wife, Julia. This deed contained a proviso that the Township should have this plot of ground only so long as it should be used for school purposes and no longer. Under a recent opinion of the Corporation Counsel, we are informed that the occasional use, one day per week or per month, would not defeat the reversion of this land to the heirs of the Cornell grantors. "Miss Brett, the principal of Public School 94, has been trying to keep a class in the building one day per week, for the purpose of preventing such reversion. The maintenance of this class in the old building-so far removed from the new building-is not only a hardship for the children, but a considerable cost to the Board of Education, which is obliged to supply heat and janitor service. We were under the impression that the land could be used for a school garden, and, occasionally, for class exercises, but, apparently, the occasional use for school purposes would not be sufficient. "We have endeavored to have the Cornell heirs give a quit claim deed to this piece of property, but our efforts have not met with success. "Mr. Walling. President of the Little Neck Association, states that the land in question is worth, at a fair rental, not much more than $1,500, and that it costs approximately $1,000 per year to maintain this old building as a school. The Tax office estimates this particular plot of ground as worth $3,200 (valuation of building and ground, $7,200), and the cost of maintaining the building as a school is, I am informed, about $981.13 (for janitor service, $804, and for coal, $177.13). "In 1896, just preceding consolidation, an additional strip of land, averaging about 72 feet by 320 feet, was purchased in the rear of the plot referred to above, and added to the school site. The deed to this second purchase is an unconditional one, and the second purchase comprises now about one-half of the entire school plot. "In my opinion, it would be many years before the population of that neighborhood would increase so that we would have any urgent necessity for using this old school building, or the grounds about it." Your Committee is informed that, as a result of the action taken by the Committee on Elementary Schools, on November 9th, as hereinbefore stated, Miss Brett, the principal of Public School 94, discontinued the class in Public School 32 on December 7th. Your Committee recommends that a full statement of the facts be submitted to the Commissioners of the Sinking Fund, and that said Commissioners be requested to take such action in the matter as they may deem advisable. Accordingly, there are submitted for adoption the following resolutions: Resolved, That a copy of the foregoing report be transmitted to the Commissioners of the Sinking Fund and that said Commissioners be requested to take such action in reference to the premises of which the Board of Education has had the use, in pursuance of the instrument mentioned by the Corporation Counsel in the opinion dated September 18, 1915, which is quoted in part in the foregoing report, as they may deem proper and advisable. Borough of QUEENS. ROAD. H. 89-27-30W. ITTLE LITT -M 39-11 A 5.23-19-55E NECK 19.19 ≈ 3-51-25-54E. >5-42-1-40E ROAD 22.73 Resolved, That so much of the premises of Public School 32, Lakeville and Little Neck roads, Borough of Queens, as was acquired for school purposes in the year 1896 be turned over to the Commissioners of the Sinking Fund as being no longer required for the purposes of the Department of Education. A true copy of a report and resolution adopted by the Board of Education on December 15, 1915. A. E. PALMER, Secretary, Board of Education. |