Minutes 08/27/1935 - Laserfiche WebLink

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water and heat for this room. This would replace a gas heater. The gas bill last month was $5-59 The above arrangement should cut the coal bill in half and do away with the gas bill. A new boiler oflthe same size as now in place will cost $3~.50. The one now at the City Home is of sufficient size for the arrangement recommended and only cost $240.00 Were it not for the fact that the Community Hall is large and has dressing rooms and a kitchen to heat, a stove might work. However, a stove would be a considerable fire hazard in a crowded auditorium. The above arr~ugement ~ll coat approximately as followsi New flue for apparatus room $ 60.00 Stove and pipe 75.00 Haul & set up new boiler & connections lO0.O0 New coal heater hot water system 125.00 $360,00. ' I recommend installation of the two plants as outlined in the above reports, and an appropriation for.the purpose of $750.00, from A.B.C. funds recently received." Motion of Mr. Hutchins to lay on table until next meeting, was adopted. 2nd - "In the matter of a communication from Rev. Nicholas J. Habets, dated July 22nd, in which he suggested medical inspection for the pupils of the colored school con- ducted under the auspices of Our Lad~ of Victory Church, I quote hereinbelow, an opinion from the City Attorney: ~Conoerning the letter from Bev. Lady of Victory Church, requesting medical inspection for the col- ored children attending the school conducted under the auspices of ~that church, I must state that matters relating to public education are vested in the State Board of Education and the School Board un- der Sections 130, 131, 132, 133 of the State Constitution. Section ~74 of the ~tate Code provides that the public school system of ci- ties~shall be administered by a Superintendent of Public Instrue - tion, Division Superintendents of Schools, and City School Boards. Section 777 of the Code makes a City School ~oard a body corporate. SeCtion 705 of the Code authorizes the Councils or other governing bodies of~cities to make appropriations out of ~the City funds to provide for health examination and physical education of school children, but provides further that such a~propriations shall be placed ~o the credit of the ~ity school funds. Therefore, the mat- ter from the standpoint of Health Education is under .the supervi - sion of the school authorities only, and under the law, ~he sohool funds can be used only in furtherance of ~he public school system. In the case of Hall's Free School Trustees vs, Home gO Va. ~yO an act providing "that the superintendent of public schools of the 0ounty of Hanover be and is hereby directed to pay over in each and every year out of the school quota for Beaver Dmm District to the Trustees of Hall's Free School" was declared ~nconstituticnal and void. Certain principles on the subject are set forth in the ca~e of Sta~e ~emale Normal School vs. the State Auditors, 79-Va, 233. As ~o an appropriation of funds direct by the Oity Ootu~cil and no~ through the School Board for the puroose outlined in the let- ter, the Ci~y is~r~stricted by Section l~l ~f the State Constitu ~ion which provides that "no appropriation of public funds shall be made to any school or institution of learning not owned or exclusively controlled by the State or some political subdivision thereof" with the exceptions: (first) of appropriation by the State to the College of William and Mary; (second! the payment of interest on certain bonds held by schools and colleges, and (thi~rd) athat counties,~ cities, towns and districts may make appropriations to non-sectarian schools of manual, industrial and technical training, and also to any schools or institutZon of learning owned or exclusively controlled by county, city, town or school district~" As the school referred to in Father H abets' letter does not come within ~he third exception the · Oity Council can not appropriate money fo~ its operation." In the light of the opinion of ~he Attorney, it is evident that the City can not legally comply with the suggestion, and I recommend ~hat Father Habets be so no- tified,s Privilege of the floor was extended ReV. N.J. Habets, ~no spoke in favor of his petition, dated July 2End, 1935. Jo A. Mulvey, also spoke in favor of same. Motion of Mr. Moore to refer back to the ~ity Manager, to confer with the Di- rector of Public Welfare, to ~r~ to work out some plan to take care of t~ne health of these children, without cost to the City if possible, was adopted. ~ UNFINISHED BUSINESS - The following report of the City Manager, read at this meeting, was taken up and read: last meeting and laid on table until