Citizens Care & Rehabilitation Center/Odyssey Assisted Living at Montevue

Frederick County has reached an agreement to keep the Citizens Care and Rehabilitation Center and Montevue Assisted Living facilities, County Executive Jan Gardner said Friday.

Instead of going to court, Frederick County will attempt to negotiate Friday with Aurora Holdings VII, the private company running Citizens Rehabilitation Care and Odyssey Assisted Living at Montevue.

A U.S. District Court judge was set to hear a complaint Friday from Aurora against County Executive Jan Gardner, the County Council and the county. Instead, the parties will meet in a mediation session that will begin in the morning, said John Mathias, county attorney.

The court hearing has been postponed until 10 a.m. on Oct. 19, Mathias said.

The county remains optimistic that the disputes can be resolved in mediation, Mathias said.

The county historically owned and operated the two long-term care centers, but the former Board of County Commissioners agreed in contracts signed May 1, 2014, to sell the centers to Aurora Holdings VII. Aurora has owned the centers’ operation since then, but the sale of the property and buildings is not final.

There are two other open court cases related to the sale, and the parties in the cases have met twice this year to negotiate.

Since before taking office, Gardner has said that the commissioners made a bad deal. The county historically provided subsidized care to the indigent residents in the center, and Gardner thinks it is in the public’s best interest that the county own the centers.

The county commissioners sold the centers because they were losing money. The commissioners thought a private company would run the centers more efficiently.

If negotiations fail, the county intends to file a court case soon to attempt to acquire Aurora’s interests in the centers through eminent domain.

Eminent domain is the government’s right to seize private property for public use, with just compensation.

In its complaint filed in U.S. District Court, Aurora is asking the judge to both put a hold on any action the county could take to acquire its interests in the centers, and to rule that the county’s use of eminent domain would be a violation of federal law.

The county states in its response to Aurora’s complaint in court that the public use in this eminent domain case is to continue to provide care for the elderly indigent in the county. Also, it states that it is not the federal court’s place to rule on the matter.

Follow Jen Fifield on Twitter: @JenAFifield.

(13) comments

MAVRICKinc7

Mission acomplished one hour ago and no one who took part in this corruption was named. It's all about saving face and Jan Gardner accomplished this end, without disrupting County governance any more so than it has already been for the last 5 years. The GAME isn't over. Delauter, Shreve, Smith, Young and Chmelik are not about to retreat from the corruption they orchestrated years ago. Politics remains a blood sport and most unforgiving, no matter what the odds are. Until they are lost to history THEY will always return back to the allegiance they took to party politics. It's a genetic thing and not easily removed from the Frederick and Frederick County landscape, because it remains all about FAMILY VALUES and not independent thinking.

anony936

In my opinion, the deals made between the B. Young led BOCCs and Aurora Holdings VII were shady, to say the least, and quite possibly illegal. If any illegal aspects are proven I’d like to see those involved out there picking up trash along the highway in their orange jump suits.
I support Jan Gardner in her efforts to right these wrongdoings, whether through mediation or Legal proceedings. I steadfastly believe Frederick County citizens will also show their support by ousting Billy Shreve, Kirby Delauter and Tony Chmelic in the next election.
Thank you for your time.

MAVRICKinc7

Why are we dodging the point this article has presented. It's about MEDIATION and not Court Ordered testimony and rulings on best evidence that would certainly embarrass and possibly indict members of the prior BOCC for willful violation of public rights to know what really went on in 2014. MEDIATION doesn't require best evidence. It's a behind closed door strategy, to AVOID public outrage over how CORRUPT the BOCC was and in some respects what it is today.

If our County Attorney's office was instrumental in driving and designing this deal in 2014. MEDIATION is one way of putting conflict of interest and corruption to the side, IF BINDING on both parties. Both parties are sworn to secrecy and all the public gets back is having Aurora voluntarily withdrawing from its legal strategy, and the likelyhood that the deal will remain at best, hearsay and conjecture, without including the BOCC players to tesitfy against themselves and their past interest in this deal and leave Frederick and Frederick County, with what is left of its REGIONAL dignity. MEDIATION opens the door to acknowledging what has knowingly occured in the past, who the players were/are and taking a chapter of Frederick and Frederick County's history out ofr the picture through stealth MEDIATION.

Simply said, neither party wants to be under oath when telling the true story of what happened in 2014 to warrant the same same kind of investigation that County officials have chosen to return to, with the MTC project.

With three Republican members, LESS president Bud Otis, who in their right mind would want the TRUTH to come out. This is what MEDIATION allows. If Delauter, Young, Smith, Shreve and Chmelik and Aurora want to challenge this resolve, then they and Frederick County will be the losers. Taking government back is a tough proposition on anyones part, whether they prefer the LIE or not. MEDIATION is a strategic manipulation of public involvement in GOVERNMENT. It saves face, gets past all the legal-eze and postured positions, gets RESULTS, even through all the fake protest WE get to read about and scripted for the FNP to publish, WE can live with the LIE that MEDIATION proposes without knowing how corrupt our government has been over the last 10 years. MEDIATION is a way out, while disguised as a solution, that ELECTED GOVERENANCE perpetuated for decades and turn the corner on what this NATIONAL and INTERNATIONAL thinking has become...in Frederick and Frederick County, Maryland.

quemzeee2

O.M.G. listen to w.f.m.d, Hillarious questions. The fact is. The United States has already been involved in nursing home bussiness since 1934. It was called Social Security, then the V.A. then Medicare. What is it you dont see? Take this place back, spin it out to the county for in home care doing base lines to re-direct. It will reduce costs while dilivering better care, Oh,, I forgot, ALL the other places chargeing 7 thousand a month wont like that. Please stop kick backs on industry that relates to human care.
Why did the county NOT get ride of Truck maintenance first. HUGE amount of money with NO returns possible there. Animal Humain,, why did they not sell that instead of there human housing,, Lets end of Frederick back door deals.

jsklinelga

Wow! If the local law schools do not study this case they are missing a great opportunity. As a lifelong Frederick Tonian I hated to see Citizens sold. My mom spent her last days there. To me it represented the good in our community, but that is not relevant. Was it legal to sell the facility under the terms of it's deeded covenants, "for the indigent." ? Does the current administration have the right to overturn a "bad deal" made by duly elected officials of the prior administration? No matter the outcome, considering some of the most powerful people in our State opposed the sale, I would think every aspect of the transaction has been fully scrutinized, and if there were any improprieties,such as kick backs, they would certainly have been exposed. An interesting case for sure.

armillary


Blaine got a call from Stan Snow
"I guess we won't make all that dough,"
"Nope," he replied
"but here's the upside,"
"when I'm old I'll have some place to go."

quemzeee2

I find it totaly stupid to continue to hear the "county is incapable of making a profit" What an idiotic statement. Anyone can hire to make a profit in that bussiness, And, in fact with the demographics comming up, Why wouldnt any county WANT to have this, even if for nothing else than to MAKE a profit. What idocy. Totaly redudnant.
Second point, Even if NO profit could EVER be made the majority of citizens want to keep this place,then raise the taxes, the way it appears is the entire argument to dump it is based on nothing changes, Total stupidity. laughable, you bet. I smell kick backs.

MCEDDE21

[thumbup]

DickD

Making a profit is not even relevant, a local government, such as Frederick County, is not in the business of making profits. The question should always be costs and beneficial benefits to the County residents.

Dwasserba

[thumbup][thumbup]

DickD

Didn't I see somewhere that Aurora is non profit? If so, why does Aurora want it so badly? Somebody stands to make a lot of money here - somebody with Aurora.

MCEDDE21

Aurora is a for-profit corporation with eight subsidiaries--all assisted living facilities, organized as individual LLC's, in order to insulate the owners from lawsuits--and to protect their profits, of course. The LLC that Stan Snow and Bob Owens set up to operate our County Homes is called Aurora Holdings VII, LLC... such a quaint and charming name, expressing the true essence, the limited nature of the available "care".

quemzeee2

The meeting where the C.E.O of this local l.l.c was held made a fool of himself. No one but vested interests bought into anything he said.

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