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279 traffic count, he shall so notify applicant and subsequently take two additonal traffic counts with an ninety-day period, the results of which shall be averaged, with the last previous count ~Should that average exceed the base traffic count bY more than ten percent (10%)~ it will be assumed the applicant has failed to maintain its traffic on Twyman Road within the 1 ° 0~ limit and violated~ths condition of this paragrap~.~ I~ the event the traffic count is not'maintained within the foregoing tenth, percent .limit, the ~applicant shall close its entrance onto Twyman Road to all but emergency vehicles, construct the so-called connector road within its property, and all of -the applicant's traffic must be directed to the Ivy Road exits. · RESOLUTION: AUTHORIZING ISSUANCE OF $39.5 MILLION REVENUE BONDS TO MARTHA JEFFERSON HOSPITAL Mr. Hendrix stated that the Charlottesville Industrial Development Authority (CIDA) ~has held a public hearing and recommended approval of the bond issuance to Martha Jefferson Hospital. Mr. Jack Chambers,~ .Chairman. -of CIDA, ~stated that the CIDA end~orsed the is~suance of the bonds ~and the proposed expansion project~ ~ · ........ Mr. Edward Waytan-~d,i Director of Legal Aid, requested that Council postpone final action on the request for revenue bonds. Mr. Wayland stated that on the application Martha Jefferson Hospital had indicated that 'it was ~not involved in litigation, but Legal Ai]d- had filed an administrative complaint alleging long-standing non-compliance by Martha Jefferson with~ the Hil-l-~Bu~rton~ Program.- ~Mr-. Wayland claimed that Martha JefferSon had received $3.5 million from the Hill-Burton Program which required the Hospital to provide free care for low income residents and also~required documentation~ of the]care and that the information be made available to the public. Mr. Wayland claimed that .Martha Jefferson also failed to give the required public notice of the availability of the free care. Mr.. Wayland stated that the Department of Health and 'Human Services had found Martha Jefferson to, be in_non-compliance and ordered' that~changes be made~ a decision currently being appealed bY both Martha Jefferson and Legal Aid. Mr. Wayland stated that he did not think the revenue bonds should be denied outright since the project would probably benefit the community, but he felt questions should be asked Martha Jefferson about why they have failed to notify the public of the availability of free care and give access to documents as. well as Why. they failed to disclose the pending complaints against them, ~Mr. Wayland recommended that the matter be sent back to the Industrial Development Authority to further investigate and expeditiously report back,to Council. Mr. John Holly, President of Martha Jefferson Hospital, stated that the violations were technical in nature and disputed the claim that the~JHospital had failed to,provide free service, noting that over $5 million in charity has been given. Mr. Holly~ stated-~that-it was~in the best interest of the community'not to-detay~the project, ~ - ~ ~ Responding to a question from Mr Vandever, Mr, Clyde Gouldman, City Attorney, stated that as he understood it, the complaint~was an administrative proceeding, not litigation and the Hospital felt that it had prevailed in the ruling. Ms. Waters stated~that 'she~felt that approving'the revenue bonds are a form of leverage which Council Can,use to assure that a project works to the benefit of the community. Ms. Waters stated that she felt the Hospital should make the public more aware of the'availability~of free care, should provide access to the documentation and should]notify people.