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1970-01-15175 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held at the Office Building of said County on the 15th day of January, 1970. Present: Messrs. E. N~. Garnett, Joseph E. Gibson, Donald Carroll, Gordon L. V~eeier, _Lloyd F. Wood, Jr. and B. A. Yancey. Absent: None. Officers present: County Executive and County Attorney. The meeting opened with the Lord's Prayer led by Mr. Garnett. Einutes of the~ meetings of December 18 and December 22, 1969, were ap- proved as submitted on motion by ~. Wheeler, seconded by Mr. Wood. ~ir. John Humphrey and Mr. Joe Goldsmith of the Planning Department showed scale models of the Chris Greene and Mint Spring recreation areas and the County Executive gave a brief review of the plans for development of these areas. Mr. B. G. Warner, Besident Highway Engineer, advised that bids for con- struction of the Howardsville Bridge would be received on January 21, 1970. Mr. Warner advised that he wished to discuss with the Board the six-year plan of his department but did not feel there would be sufficient time during this meeting. It was decided that this matter would be considered at a meet- ing to be held at ~:~0 P.~. on Thursday, February 5, 1970, in the Court Boom and the 'Clerk was directed to publish notice of said meeting. Communication was received from Mr. Percy ~ontague, III, President of Greenbrier Corporation, requesting that a section of Idlewood Bond be ac- cepted into the State Secondary System. The County Executive recommended approval subject to final approval~by the Highway Department and the County Engineer. On motion by Mr. Wood, seconded by Mr. Wheeler, the reco~mmendation of the County Executive was accepted and the following resolution unanimously adopted: BE IT I~ESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways be and is hereby requested to accept into the Secondary System of Highways, subject to final approval by~ the Virginia Department of Highways and the County Engineer, that section of Idlewood l~oad in Section 8 of Woodbrook Subdivision beginning at its intersection with Parkwood Place and continuing in a northerly direction past driveway to house located on Lot ~ at the corner of Idlewood Boad and Eastbrook Drive, a total distance of approximately 728.20 feet. BE IT F~qTHE~ BESOLVED that the Virginia Department of Highways be and is hereby guaranteed a ~0 foot unobstructed right-of-way on this requested addition, along with drainage easements, the same having been recorded by plat in the office of the Clerk of the Cir- cuit Court of Albemarle COtkUty in Deed Book 4~9, page' 209. ~ir. Warner advised that American Telephone & Telegraph 0o~'. was having internal problems and had not been able to acquire necessary right-of-way in connection with Industrial Access ~knads project pending. He stated that it is hoped the Highway Department will be able to acquire said right-of-way and be reimbursed by A.T.&T. and his office is awaiting advice from the company at this time. Mr. -~arner advised that he had written Dr. Hurt advising him what needed to be done on i~icky ~oad and Middlesex Drive in Queen Charlotte Subdivision before they could be considered for acceptance into the Secondary System. The Chairman st&ted that this was the time which the Board had agreed to consider request received some time ago that the Board conduct its meetings at night and Mr. D. B. ~arshalt was requestei to review the report which he and the County Executive made on this matter in October. The report was read and the County Executive advised that he had reviewed minutes for the past two years which revealed that from two to six staff members had been called per meeting. He stated fturther that night meetings would not only require that department heads be present but certain members of their staff would have to be available and on this basis he would recoramend day meetings. ~fr. i~oger Ford, one of the citizens making the original request, st'areal that he feels the day meetings are unfair to the working class of people, iir. Wheeler stated that he can agree with both sides and feels the Board should consider two meetings a month, one day and one night. Motion was offered by Mr. Yancey, seconded by Mr. Gibson, to continue the regular meeting of the Board at 9:00 A.M. on the third Thurs- day of each month. This motion carried with Mr. Wheeler casting the only vote against it. Mr. fiord was assured that the Board would call night meetings for any matter which the Board felt would be of interest to the general public and they would also be glad to carry a' matter over until a night session on request if it appeared to be in the best interest of the public. At ~0:00 A.~. the Chairman called for public hearing on zoning requests as advertised in the Daily ~rogress on December 26, ~969, and January 2 and January 9, ~970, as follows: (~) Zk(P-089 - Application of Emery N. Skeen to rezone from A-1 Agricultural to B-~ Business. ~/8 acre located on l~oute 20 just north of the Town of Scott svi lle. No one from the public ~appeared regarding this application. Mr. Humphrey 177 advised that the Planning Commission recommended approval as requested by a 6 to 1 vote. On motion by Nr. WOOd, seconded by ~r. Carroll, and unanimously adopted, the recommendation of the Planning Commission was accepted. (2) 'ZN~-098 - Application of W-C Associates to rezone from A-1 Agricultural l~oute 631 (Hydraulic and 11io l~oad re Dec ively) Mr. Daley Craig appeared in support of the application. No one appeared in opposition. ~. Humphrey advised that the staff felt that the 1t-3 or a zone at this location couii be considered compatible or a logical extension of existing zoning in the area but recommended deferral for six months to obta~ pertinent data relative to the area. He advised that the Planning Commission unanimously recommended approval of 11-} as requested. On motion by Mr. Wood, seconded by Mr. Yancey, and unanimously adopted, the recommendation of the Planning Commission was accepted. (3) Z~P-099 - Application of O'Neill Enterprises, Inc. to rezone from B-t Business to ~-1 Eanufacturing 3.6 acres and to rezone from B-1 Business to ~-2 ~anufacturing 14.2 acres located in the south central portion of "Willoughbhy" between but not contiguous to %th Street and Avon Street Extended, south of Charlottesville. Use Permit 69-02 - Application of 0-Neill Enter~prises, Inc. to amend the Permitted Use Section as found in Article ~, Industrial, General District ~-2 to include provisions for "Construction and operation of a manufacturing plant for the casting and finishing of concrete module's for building structures", subject to a Conditional Use Permit, as authorized under Article 10-4 of the Albemarle County Zoning Ordinance. CU-122 - Application of O'Neill Enterprises, Inc. for Conditional Use Permit to permit in a proposed ~-2 zone~a plant for casting and finishing of concrete modules for building struc~ on land above described. Mr. Ed Deers, Attorney, Nr. Frank O'Neill, and Mr. Lax Evans, Planner, ap- peared in support of the application. Mr. Charles mWalker appeared in oppo- sition stating that he represented property owners in Oak Hill and Azalea Gardens Subdivisions and submitted petition signed by a number of residents in those areas. Mr. Walker stated that storage would be come a problem and they were very concerned about the creation of traffic hazards, particularly since this location is near the new city school. Mr. E. C. ~adee also ap- peared in opposition and stated that he is concerned about the noise which will result from trucks and cranes. Mr. Humphrey advised that it was the opinion of the staff and Mr. t~o sser Payne, Consultant, that E- t zoning should be granted on the entire 17~,8 acres of land and that they found the E-I zoning compatible with the expected growth in the area. He stated that a refining of the existing manufacturing zones would be accomplished under the Compre- hensive plan. The Board was advised that the Planning Commission recon~r~ended E-1 zoning for the entire 17.8 acre tract. On motion by ~ar. Gibson, seconded by ~. Wheeler, and unanimously adopted, the recommendation of the Planning Commission was accepted. 178': ~gith regard to the second application of O'Neill Enterprises, Mr. Humphrey reported that the Planning Commission recommended amendment to Section 7-1-24 "Uses Permitted" to include anuZ'acturing and assembly of modules with a Conditional Use Permit". After discussion, motion was of- feted by Mr. Gibson, seconded by Mr. Wbod, and unanimously adopted, to amend Section 7-1-24 (Uses Permitted) to include "~anufacture and finishing of modular units made from pre-stressed concrete or wood and designed for use as components in the construction of residences, office buildings, shops, stores and other structures designed for huvaan occupancy, with a Conditional Use Permit". tEeporting on the third section of the O'Neill application, Mr. Humphrey advised that the Planning Commission recommended approval of GU-122 subject to the Cotuuty Engineer's reconFaendations as reflected on the site plan and also subject to the following staff recommendatlono. a. That the steep slope be left in its natural condition. b. That 4 foot trees supplement existing trees around the area of activity as shown on the Schematic "Site Plan". c. That no noxious activity or excessive emission of odors, dust, fumes, smokes or noise be allowed to occur. d. No billboard or advertising signs other than those identifying the name, business and products of the person or firm occupying the premises shall be permitted. e. That no industrial ~waste be permitted to flow into Moores Creek or Buscuit Run without proper approval from State Water Control Board and the County of Albemarle. f. That the access road i~com Route 631 to the site be treated with a dust proof application and maintained. On motion by Mr. Wheeler, seconded by Mr. Carroll, and unanimously adopted~ the recommendation of the Planning Commission was accepted. The County ~xecutive advised that it was necessary for the Board to con- cur in recommendations of the Soil Conservation Service on stream clearance. The foliov~ng resolution was offered by Mr. Gibson, seconded by Mr. ~heeler, and un.animously adopted: ILESOL~ED, that the Board of County Supervisors of Albe- marle County, Virginia, hereby concurs in recommendations of the Soil Conservation Service on stream clearance in ~klbemarle County due to the flood of August 19-20, 19~9, and the estab- iishment of priorities as follows: Number Stream Length Estimated Cost Coves or !~ich Creek 3-~ miles ~ 36,000 South ffork Hardware 11. ~ miles 24,000 North Eork Hardware 13.0 miles 20,000 'Whiteside Branch 0.3 mile &,000 Crown Orchard Brauch 1.2 miles ~,000 Herds ~ountain Stream I .0 mile ~,000 179 Statements of expenses of the Department of Finance, the Sheriff's Of- lice and the Office of the Commonwealth's Attorney were submitted for the month of December, 1969. On motion by Mr. Yancey, seconded by Mr. Wheeler, these statements were unanimously approved. Statement of expenses incurred in the maintenance of the County Jail was submitted along with smmunary statement of prisoner days for the month of December, 1969. On motion by Mr. Carroll, seconded by Mr. ~bod, these state- ments were unanimously approved. Claim of the Jail Physician for December was submitted in the amount of $21.00, mud on motion by Mr. Gibson, seconded by Mr. 'Garroll, was approved for payment. Reports of the Department of Public Welfare were submi%ted for the month of December, 1969, in accordance with Sections 63-67.1 and 63-67.2 of the Code of Virginia. S.L.H. l~eport was received for the month of November, 1969, and was ordered filed. Claim of the University of Virginia Hospital in the amotuut of $1,224.77 was submitted for hospitalization of indigent patients under SLH for the month of December, 1969. On motion by Mr. Gibson, seconded by Mr. Wheeler, and unani- mously adopted, this claim was approved for payment. The County Executive advised that Citizens Bank had requested approval of an additional escrow age~,' Central National Bank of t~ichmond, Virginia, and submitted Escrow Agreement prepared by Citizens Bank in this regard. MRS;: ~D. B. Marshall, County Attorney, advised that he had reviewed this agreement and found several sedtions which need to be changed~ before he could approve same. On motion by Mr. Wheeler, seconded by Mr. Gibson, the County Attorney and the County Ek~c~tiye were authorized to redraw this agreement and the Chairman and Director of Finance were authorized to execute the new agreement as redrawn. Nr. Batchelor advised that the ~itizens Ba~ and Trust Company had offered additional securities to .be placed in escrow to secure funds deposited by the County in that bank. Accordingly, the following resolution was offered by Mr. Carroll, seconded by Mr. Wheeler, and unanimously approved: WHEREAS, it has been determined that additional collateral is needed to secure funds on deposit with Citizens Bank and Trust Company; NOW, THEREFOIbE, BE iT RESOLVED by the Board of County Super- visors of Albemarle County, Virginia, that Citizens Bank and T~ust Company, Depository, be and is hereby authorize& to pledge the following securities v~th Virginia National Bank, Escrow Agent: $200,000 US Treas. Notes, 5Z~/8~, due ~0,000 US Treas. Bonds, 4~, due 2-1~-72. 250,000 US Treas. Bonds, 4-1/8~, due 2-1~-74. 100,000 US Treas. Notes, 4-3/4~, due ~-1~-72. ~0,000 Charlottesville, Va. 3~ School Impr. Bonds, due 6-~-80. 2~,000 Danvitie~, Va. 3-1/4~ School Impr. BOnds, due 12-1-72.. ~0,000 Eauquier Co., Va. 2.90~ School Bldg. Bonds, due 12-~-79. 2~,000 Peninsula Port Auth. 3-1/2~ Bonds ~0,000 ~ittsylvania Co., Va. 3~School Bonds due 12-~-Z9.80. 2~,000 Va. Beach, Fa. 3-~/4~ Gen. Impr_. Bonds, due ~2 200,000 Eed. National ~'~ortgage Assoc. 8-~/4~ due 2_~0-71.5.~-7 200,500 US Treas Bills, without int., due 3-23-70. 500,000 FE~. Home Loan Bank 8o40~, due 7-27-?0. BE IT FURTHi~ RESOLFED that copy of this resolution be for- warded to Citizens Bank and Trust Company and to ~firginia National Bank. Communication was received from the Scottsviile ~.T.A. submitting list of recommendations with regard to Scottsville School. On motion by ~. ~ood, seconded by ~r. Gibson, it was ordered that this communication be acknowledged. ~r. Wheeler reported that the joint committee from this Board and Council had recommended appointment of Mr. Charles Ancona to the Airport Commission and Mr. ~heeler nominated ~r. Ancona for a three year ter~ expiring December 1, 1972, which nomination was seconded by Mr. Wood and unanimously a-~p~vad. This appointment is subject to concurrence by City Council. Mr. Vfneeler nominated, in accordance with joint committee recommendation, Mrs.' M. C. 'Wilhelm, ~r. John Gaines, and Mrs. Grace 0rdell to the Community Mental Health Services Board, which nominations were seconded by Mr. Yancey and unanimously approved. These appointments are for three-year terms commencing January ~, ~970, amd are subject to concurrence by City Council. Annual report was received from the Community Mental Health Services Board and the County Executive advised that after the Board has had an opportunity to go over this report, Mr. He&rick, Director, would be glad to appear and answer ~uy questions the Board might have. S.P.C.A. report was received for the month of December, ~969, and on motion by Mr. Yancey, seconded by Mr. Wood, was approved. On recommendation of the County Executive and the County Attorney, the following resolution was offered by Mr. ~eeier, seconded by Mr. Yancey, and unanimously aodpted: !~ESOLVED, that the Board County Supervisors of Albemarle County, Virginia, shall, in anticipation of revenue for this current year, borrow from the local banks, as soon as practicable after February ~, 1970, the sum of ~?00,000.00~ with interest not to exceed ~ per year, to be repaid from current r~venue on or before December ~, ~970; and the Cotuuty Executive and the Chairman of this Board are hereby directed 1812 to negotiate such loan on the most favorable basis available and to execute such notes and other documents as may be necessary to evidence the 'same, the proceeds of which shall go into the County's general funds. Mr. Jack Camblos advised that the Law Enforcement Administration of Vir- ginia has directed that Criminal Justice Planning be accomplished by Planning District Commissions where they exist and, where they do not exist, by con- tiguous localities joining together for this pt~rpose, or by localities operating alone. He stated that last Spring the City and County joinw~ in the preparation of a Local Law Enforcement Plan for the County and City with the assistance of the University of Virginia Task Force Study Team. Mr. Camblos further advised that pursuant to recent directives of the Law EnI~orcement ministration, the next phase is to create a formal organization for continuing the ef,~ort. Mr. Camblos stated that the next step in this phase is for the City and County to join in forming a Local Planning Unit. After discussion the following resolution was offered by Mr. Wood, seconded by Mr. Gibson, and unanimously adopted: I~ESOLVED, that the County of Albemarle joins with the City of Charlottesville in the formulation of a Criminal Justice Planning Unit, the members of which shall be appointed following consultation between the two governing bodies when the City of Charlottesville shall have adopted a resolution similar to this resolution. At 1:30 P.E. the Chairman called for public hearing on zoning requests as advertised in the Daily Progress on December 26, 1969, and January 2 and 9, 1970, as follows: (1) CU-118. Application of Ellis A. Sprouse to increase the number of mobile home spaces in an existing mobile home park. Property is located in the Crozet area and is known as Beaver Hill Eobile Home Court. No one appeared with regard to this application. Mr. Humphrey reported that the ~Blanning Commission recommended approval subject to additioral screening on the western most property line, supplementing the existing trees for shade and convenience of the residents within the facility, Health DePartment approval for septic system and water by the County Service Authority, and subject to plot plan being submitted for staff review prior to issuance of Zoning Permit. Also, Mr. Sprouse is to maintain space between the trailer and his property line ~of %0 feet. On motion by Mr. Yancey, seconded by Mr. Wood, the recom- mendation of the Planning Commission was accepted~. (2) CU-120. Application of J. F. Bishop for Conditional Use Perrmit to locate a s~_~mer camp and campground, office construction trailer and storage and related facilities on land located on Route 29 North, partially in Albe- marle County and Greene. No one appeared regarding this application. Mr. Humphrey advised that the facility will cater to re~arded children and that part of the land which is located in Greene County would be develOPed for residential purposes. The en- trance into the facility would be from Greene County off of Route 29 North. Mr. Humphrey reported that the Planning Commission recommended approval[Sub- ject to Health Department requirements for housing facilities and subject to a finalized site plan approved by the staff. On motion by Mr'. Wheeler, seconded by Mr. Carroll, the recommendation of the Planning Commission was ttmar~imously accepted. (3) CU-121. Application of Robertson-Fowier Co. to locate a temporary mobile home park for construction workers~ in connection with Highway improvement. The subject property is located on Route 29, South at Oovesvi!ie. SP-2?~ Application of l~obertson-Fowler Co. to locate a temporary field office trailer in connection ~th improvements to Route 29 South on 3.~1 acres located at Covesvilte. Mr. Warren 'Wade appeared in support of these applications. No one appeared in opposition. Mr. Humphrey reportedi%hat the Planning Commission recommended ap- proval of the Conditional Use Permit subject to the Health Department require- ments for septic systems and with a setback of %0 feet from the right-of-way of Route 29 South. He reported that the Commission recommended approval of the Special Permit subject to approval of sanitary facilities by the Health Depart- ment and a ~0 foot setback ~om the right-of-way of U.S. 29 South. 0n~motion by lAr. Wood, seconded by Mr. Yancey, the recommendation-of the Planning Com- mission was unanimously accepted. (4) ~P-24. Application of Clyde G. Hall to locate a permanent mobile home on 4.0 acres on Route 64~, 2 miles from ~urnley. Mr. Hall appeared in support of his application. Mrs. w~arl Andrew appeared in opposition and submitted petitions signed by approximately ~0 pe~pie in the area representing 2~ families. Mr. and ~rs. Tandy L. Barr also appeared in opposition. Mr. Humphrey ~eported that the Planning Commission reco~mmended denial of the application on the basis of incompatibility with the character of the area. On motion by Mr. V~eeier, seconded by Mr. Gibson, and unanimously carried, the recommendation of the ~lanning Commission was accepted. Htumphrey was instructed to investigate two trailers located near the .subject location to determine if they were there prior to adoption of the Zoning 0rdi- nanoe. (~) SP-2%. Application of Rachel Banton to locate a permanent mobile home on 2 acres located on Route 602. No one appeared regarding application. However, the ~oard was advised that letter was received from the Lovings, the closest neighbors to Mrs. Banton, stating that they had no objection. ~r. Humphrey reported that the Planning 183 Commission recommended approval subject to 100 foot setback from Route 602 and subject to Health Department approval for sanitary facilities. On motion by Mr. Carroll, seconded by Mr. Wood, the recommendation of the P~anning Commission was unanimously accepted. {6) ZMP-094. Application of James D. and Alice H. Shisier to rezone 0.2~ acre from A-~2 l~esidentiat to B-1 Business. Located on Route 631 in Greenfieids SMlxlivision. Intent to amend Article ~-I-21{7), R-3 Residential zones to permit "Schools of Special Instruction" v~th a Conditional Use Permit, and to amend Article 6-]!-24 relating to definitions to include a definition of "Schools of Special Instruction". No one appeared with regard to this application. ~. Humphrey reported that the ~lanning Commission recommended that the subject land be rezoned to R-3 Residential and that the Zoning Ordinance be amended to read: THE FOLLOWING ..U .SE ~.'i','['iOltlED WITH A SPF. OIAL PFA~J~IT ONLY: ~m1~-22. Schools of Special Instruction. Definitions: ~hools of Soeciat Instruction: artistic and cultural subjects. A school giving musical, dramatic, On motion by Mr. Gibson, seconded by Mr. Wood, the recommendations of the Planning Commission were unanimously accepted. Intent to amend the Zoning Ordinance to provide within the A-I Agricul- tural District under Permitted Uses the following: "2-1-23(1) Customary storage and use of dynamite as accessory use to a farm activity; and necessary storage and use of explosives and components on site of a construction project for the duration of said construction only, sub- ject to proper permits approved by the Virginia Department of Labor and Industry." No one appeared with regard to this proposed amendment. Mr. Humphrey reported that the ~ianning Oommission recommended adoption. On motion by Mr. Wheeler, seconded by~. Carroll and unanimousiy carried, the amendment as abo~e stated was approved. (s) Intent to amend the Zoning Ordinance by amending the existing wording ani add new wording relating to public utility usage in all zoning districts within the Albemarle County Zoning 0r~inance for the purpose of clarifi- cation of Permitted Utility Facilities. Mr. Lionel Key of VKPO0 was the only person appearing with regard to this pro- posed amendment and he stated that he was not opp6sed to the amendment. N~. Humphrey submitted wording for this amendment which he stated was recommended by the Planning Commission. On motion by Mr. Gibson, seconded by Mr. Wheeler, it was ordered that the Albemarle County Zoning Ordinance be amended appropriately to include the following wording: 18z Public Utilities: Poles, lines, transformers, pipes, meters and related or similar faciliti~es; water and se'werage distribution lines ............. Public Utilities: Public water and sewer transmissions; main or trunk lines and treatment facili- ties, and pumping stations, elec- trical power transmission and di striation substations and ~smission lines and towers . GU OU CU CU OU CU+ OU CU Public Utilities: Unmanned telephone exchange centers . . CU CU OU OU CU ZP ZP ZP ~ublic Utilities: Office, equipment storage, dispatch centers and warehouse facilities ....... N N N N N ZP ZP ZP Public Utilities: 0il and gas transmission pipelines and pmnping stations, micro-wave and radiowave transmission and relay towers and substations . CU N N N N CU CU CU ZP -.'Zoning Permit only CU - Conditional Use Permit N - Not Permitted Con~unication ~was received from the Auditor of Public Accounts advising that according to audit of the Director of Finance for the year ending J~ne 30, 1969, bond of the Director of Finance was deficient in the amount of $178,079.23 based on collections for the year. On motion by Nr. -~aeeler, seconded by~r. Carroll, and unanimously adopted, it was ordered that the bond of Nr. T. ~. Batchelor be increased to cover this deficiency. ~r. Batchetor advised that he had been able to obDain from the State Division of Aeronautics the sum of $7,500 to be used for expansion of the air- port but it would be necessary for the County to enter an agreement~ whereby this money would be repaid to the State in the event the airport is abandoned within twenty years. He recommended that the County enter into this agreement. On motion by ~r. Gibson, seconded by Nr. Wood, and unanimously carried, the County Executive was authorized to execute, on behalf of the County of Albe- marle, a contract with the Commonwealth of Virginia for funds for improvements at the Charlottesville-Albemarle Airport. ~r. Leslie Walton, School S~perintendent, advised that bids for the con- struction of a locker room addition to the Scottsville Junior High School were received on December 23, 1969, and the low bid from Ivy Construction in the amount of $51,18~. was much higher than anticipated. After consideration of this matter, motion was offered by~r. Carroll, seconded by Nr. Gibson, and unanimously adopted, authorizing acceptance of the bid of Ivy Construction Co. 185 On recommendation of Mr. D. B. ~arshalt, County Attorney, the following resolution was offere& by ~r. Gibson, seconded by I~r. V~eeler, and unani- mously adopted: t~ESOL'~F,D that the Board of County Supervisors of Albemarle County, Virginia, hereby respectfully requests Senator James H. Michael, Jr., and Delegate Daniel G. Van Clief, or either of them, to introduce an emergency bill at the 1970 Regular Session of the General Assembly of Virginia to provide that no county ~zoning ordinance a&opted by a board of county ~upervisors prior to July 1, 1968 shall be declared invalid by reason of the fact that it was not approved by a referendum of the qualified voters of the county. On motion, the meeting was a~journed until 7:30 ?.~I. on February 5, 1970, said adjourned meeting to be held in the Court Room of the Albemarle 0ounty~ Court Hou'se. ~Chaiz.man