Looks like they can finally start building the new hospital.

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Thursday December 6, 2007
Ruling ends court battle over new Washington County Hospital
By ANDREW SCHOTZ
andrews@herald-mail.com

WASHINGTON COUNTY - Nearly two years of legal challenges against a new Washington County Hospital ended last week when a state court rejected a residents group's final appeal.


Although the Maryland Court of Special Appeals ruled in August against a group of residents - Robert C. Hatch, Sally R. Hatch, Charles B. Hongell, Gordon A. Bartels and Janet E. Bartels - they twice asked the court to consider the case again.


On Nov. 28, the court said no to the second request, effectively ending the case.


The residents didn't file a petition asking the Maryland Court of Appeals, the state's highest court, to review the case, said Darrell Pressley, a spokesman for the state's court system.


The deadline for the petition was Oct. 22, Pressley said.


Sally Hatch said Wednesday the appellants fought for what they thought was right, yet she was relieved.


"It has been a very stressful process, and it probably has not helped our health," she said.


With the legal challenges done, a new hospital finally can be built on Robinwood Drive, after years of planning and pursuit, said James Hamill, the president and CEO of the nonprofit Washington County Health System, the hospital's parent company.


"We're very pleased to have the decision and have the case behind us," he said.


Now, the Health System can focus on replacing the current hospital on East Antietam Street in Hagerstown.


"Obviously, we're happy with the results and hope that this resolves it and we can get on with meeting the community's health care needs," said Assistant Washington County Attorney Kirk Downey, who represented the county in the case.


William Wantz, the appellants' attorney, didn't return two messages left at his office Wednesday.


Messages left for Hongell and the Bartelses also were not returned.


In 2001, Health System officials first announced plans to build a new hospital.


Hamill said construction is now expected to begin in February. The 496,000-square-foot hospital, near Robinwood Medical Center, will have 267 single-bed rooms, Hamill said.


Since 2003, when hospital officials proposed a $187 million hospital project, cost estimates have risen greatly.


The cost estimate was revised to $233 million in 2004. Now, the hospital project is expected to cost $275 million, Hamill said.


"It's gone up about $17 million in the last year," he said.


Out of $275 million, the hospital would pay about $20 million, and the other $255 million would be raised through bonds issued by the state, he said.


Gilbane Building Co. of Providence, R.I., will be the contractor.


Sally Hatch called the fight against the hospital "emotional from the get-go," inspiring both private support and public scorn.


She said the fight was about who should shape a neighborhood. The appellants thought Robinwood Drive was inappropriate for the new hospital.


Opponents cited problems with traffic, as well as a 1991 approval for Robinwood Medical Center that seemed to prevent a hospital from following.


In December 2005, the Washington County Board of Zoning Appeals voted to approve two zoning variances for the project. One waived setback requirements, so the hospital could connect to the existing medical center. The other allowed helicopters and ambulances, as well as a building taller than the ordinance permitted.


Eight members of a residents group, Citizens for Responsible Health Care, appealed the variances in Washington County Circuit Court in January 2006.


As a decision was pending, three members of the residents group withdrew from the case.


A circuit judge upheld the variances.


The remaining five appellants took the case to the Maryland Court of Special Appeals, which upheld the circuit court decision in August.


During the past session of the Maryland General Assembly, Del. John P. Donoghue, D-Washington, filed a bill to make people who appeal a health care-related zoning or land-use decision liable for the costs of delays. The bill died in committee.

I still don't think this is a wise location, but it's good to finally get this show on the road.

Agreed.

I hope those idiots are happy about the additional cost they've caused.

Without rehashing the entire debate (although I doubt that's possible), wouldn't this new facility possibly offer a better, newer facility with upgrades that could equate to better healthcare?

Also, if this location is so bad, where do you think a better location would be? I believe the current hospital has outgrown itself and the parking is not ideal.

Yes, it will offer better healthcare I don't think anybody is disputing that it's the location that has people p!ssed off.

The better location would have been the Friendship Technology park off of Downsville pike.

It will be interesting to see how bad the traffic gets after the new hospital is built.

I'm not sure where that is, but how far is it from the city? Is it easily accessible and wouldn't require a long commute to the hospital without risking time-sensitive healthcare?

about 10-15 mins i think.

It is right off Rt. 70 Downsville pike exit near Halfway park.

It's the old Allegheny Energy property.

Completely agree but also am glad the fight is finally over so progress can start.

Well with over 200 plus more cars on the road from employes just for day shift. And 1/2 that for night shift. Not counting patient visitors. That gives you a good idea of how much more traffic wil be on the road each day.

I have the old carrage light that hung over the front door of the original entrance. I wonder if they want it for history in there history room? Plus the 1910 scetch of the first hospital on King Street. Drawn by the architect in water color.

Maybe now these people fighting the hospital's new location can better use their energy and resources helping more important things. I can't stand ignorance and their lack of knowledge as to how important this move is for the community. Thanks for the extra cost you have caused everyone.

I wonder if they will now boycott the new hospital. It would be kind of hypocritical if they up and used the new facility onces it finally goes in.

First let me say that I really don't care if or where a new hospital is built. I feel some of the comments about the people who contested the new location are uncalled for though. Calling someone ignorant or an idiot simply because you disagree with them is, well...

Look, these people were exercising their right to contest this project they perceive to infringe on their rights. Because it was a hospital that most residents will use at some point it is deemed critical and their opposition contrary to the over-all good.
We are however a nation of individuals with specific individual rights. "Unalienable rights." Remember this is not a government entity acting on behalf of the populace. This is a private (for profit) corporation seeking a venue better suited to making more money. If it were WalMart instead of the hospital would you still call them names? How bout if it was YOUR backyard that WalMart targeted?

Again, I agree that WCH has outlived it's present facility if not location. I do not however condemn these people for pursuing their legal right to contest the choice of locations.

Totally agree w/ post. As we have learned this week, there are a lot of cost to free speech and contesting legal decisions. I think repetitive appeals proved they had that right and acted upon it. MANY TIMES. Free speech & contesting legal decisions are important to me. I support it but hope all parties make an effort to be informed, accountable, and community focused since they were impacting the community's resources, our tax dollars.

As nice as the people are who filed the law suit, and I know three of them, I am saddened. I also recognize certain agencies and govt officials contributed to the fracture in our community. But the legal battles went on and on. The amount of money (our tax dollars) that went into hospital upgrades to meet government requirements while knowing we would eventually be building a new hospital, is maddening. No matter where it was located in the county, a new facility was going to be built somewhere. The plaintiffs knew millions were being poured into the old building to meet temporary upgrade requirements during their protracted court battle, on a building we would be moving from. It is a sad day for the tax payer and those who claim to conserve resources. There is a ton of money now gone for naught. I will not get into patient care.

Again, I know and respect some of those involved in the lawsuit and some supporting it. But it was not a financially prudent endeavor for the tax payer. The legal fees, court costs, inflation, and upgrades to a building we will be moving from, very sad stewardship. The waste of resources, the carpentry, electrical, and technological upgrades required these past 12 months to a building we knew would be torn down or modified is sad. Again, I know, we all have the right to contest legal decisions and we must honor free speech. But do I think it was an informed, and community oriented path to take?.......NO.

My rights have been infringed upon by the cost of this effort. But I am not complaining. The die was cast a long time ago. Not for me to be to be concerned, I had no control over the plaintiffs.......... And I can not muster the energy to express my concerns I have had these last two years for the strain on staff and patients. KUDOS to staff, they have been great, working twice as hard. That is my opinion.

I agree, I do not care where the hospital is built at this point as I am sick of the arguing, when we knew for a while it was going to be rebuilt.

How did our tax dollars go to the Hospital?

The money used for upgrades comes from tax revenues whether it be Federal or State money, eventually the money comes from the tax payer. Some of these funds went into recent repairs on a building that may be torn down, sadly a waste of finite money. Also, with the protracted court battles time has been wasted, the cost of a new or modified hospital will be a lot more tha even what was estimated last year. To me that is Federal or even Maryand tax dollars wasted. Money that could of been earmarked for other projects or even other municipalities. Anyway, I do not care at this point. I am just breathing a sigh of relief that we can move, and make positive steps as a community. Instead of covering the same ground. Just my opinion.

Again, I know three of the plaintiffs, I appreciate their community involvement and countless hours of volunteer work in our county. They are good people. Maybe that is why I ranted, they are intelligent and active in many volunteer efforts. I like these people but not the protracted court battle.

Do you have a source for that? I don't think tax money is used, the Hospital is a private organization.

Oh, I do not care who is right. I am just thankful that waste of anyone's or any bussiness' money can now stop. In the end, I do not see the need for waste of finite resources, such as time, money and building upgrades. It results in higher fees for services at the hospital. Higher fees means higher rates for the consumers and eventually our tax dollars pick up the cost if one can not afford care. So maybe it is semantics, I do not care if I loose the argument. At the end of the day, higher costs are passed onto the consumer. I dislike needless waste, whether its private or public dollars.

I say respectfully and calmly without malice, I do not care who wins the argument, wont be the first time I have lost the argument. I mean the argument in the sense of the court battle, not here.

I apologize for my remiss style on this. I think I am burned out that it took so long to resolve that I am coming across disrespectful or brain dead, not my intention. Just venting and tired of this protracted argument between good people. Not referring to any negatives on the forum, no problems here, I am tired of the court business. Just glad to see progress and a better use of time and money. In the end, time and money that is wasted impacts us all.

I will sit back and learn, see if you all can shed some light, I know I am being one dimensional and need to lighten up. So I will enjoy seeing how it plays out in the paper and community. Again, I know I need to absorb and see what others are saying.

No argument here I was just asking.

I do believe the people had a right to appeal, the Hospital could have avoided all this but they chose not to, so I put most of the blame on the Hospital.

When I imply ignorance I am referring to their ignorance of not knowing how many times the hospital has been fined for failure of their outdated stacks, which leaked dioxides into our air. Ignorance of not knowing how much asbestos , staph, etc. is leached into the ceilings, walls, etc. The hospital had to make a move and the sooner the better for everyone concerned.

"Washington County Hospital, Washington County--On February 28, MDE issued a Notice of Assessed Civil Penalty in the amount of $40,000 to Washington County Hospital. The penalty is for failing two stack tests for dioxins/furans. Washington County Hospital operates a medical waste incinerator subject to Federal and Maryland emission and operating limits. The incinerator twice failed a stack test for dioxins/furans. The Hospital made improvements to the incinerator and has since passed two recent stack tests. Status: Washington County Hospital has 30 days to request a hearing. (Reference #AQCP 04-05A)"

"Washington County Hospital, Washington County -- On April 7, MDE received a penalty payment in the amount of $40,000 from Washington County Hospital. The payment settles an enforcement action that resulted from violations for failing two stack tests for dioxins/furans. Washington County Hospital operates a medical waste incinerator subject to Federal and Maryland emissions and operating limits. The incinerator twice failed a stack test for dioxins/furans. The Hospital made improvements to the incinerator and has since passed two recent stack tests. Status: Case Closed. (Reference #ACP 04-05A)" (These were not the only times this happened).

I live near where the hospital is going to be built, and I will be proud to have it near to me. They are welcome and long overdue. Yes, I may be inconvenienced once in a while with the traffic, but I am already inconvenienced by the college traffic and the new neighborhoods in the area. I already hear the helicopters flying overhead everyday and I think to myself how glad I am to know that someone is being taken care of instead of worrying about the noise. To me, I didn't really care where it was gonna be built, but I did care about the delay in it being built. OUR community would be a lot better off if everyone worked together as one community instead of battling about everything.

Bluebirder, you summed it up perfectly. When we bought our first house, which was on Mulberry Street just one block from the existing hospital, we never gave a second thought to any possible problems with hospital noise. (We were from Frederick Co.) The first night, when the first helicopter came in, scared me nearly to death...but it became something that we stopped noticing almost entirely. Honestly, it took just a few days. Certain angles the medevacs came in, it was windy in our back yard! That's how close we were. So, I think that most everyone out near the proposed site would be farther away than we were, and we got used to it. So they will too. I know that the traffic situation out there at Robinwood will be different than at our first house (since there are many routes in to the existing hospital which ambulances could choose from), but the helicopters aren't anything to be too worried about, my humble option of course.

Oh, and Bluebirder, I too felt relief every time I saw a Medevac come in.

Bluebirder, please accept my apology. Actually, when making my original comments I had read the previous posts but did not go back to see who said what. Until reading the above I did n't realize you had made the "ignorance" comment. Whatever it was in reference to, as I stated before I don't care where the new hospital is built. Also, I to recognize the need. My father's life was jeopardized twenty years ago by a staph infection that was (then) rampant in WCH. Likewise, the MSP medivac is solely responsible for my youngest child being alive today and very possibly my wife because WCH was not equipped to take care of them (although the hospital staff's bumbling and failure to follow the doctors emergency orders nearly negated the flight any way). As such the coppers would be welcome in my backyard anytime if it'd help!

The fact though, regardless of all the good reasons for building a new hospital SOMEWHERE, is that these people as do all of us, have a legal right to the actions they took. When the hospital bought the land off Robinwood years ago it was assumed the ultimate purpose would be to relocate. Not being forthright from the beginning so the planning could be undertaken is what actually delayed this project. Original honesty would have put these suits to rest years ago. WCH is a private business. As with any business, they made conscious decisions on the cost of doing business in the present location. MDE fines for faulty or outdated equipment may have been deemed cheaper than (trucking to and) disposing of the waste at another incinerator.

I do not live anywhere near either the old or new facility. The only impact on me personally will be the improved services and I agree it is unfortunate for the community at-large that this project is not near completion rather than unstarted. Whatever the cost though, I do not hold the plaintiffs responsible for exercising a precious right. What really offended me was Delegate Donohugh seeking to essentially revoke our rights by legislating unrealistic penalties! Personally, I got so disgusted with the City's fight against it I've avoided the stories and am relatively ignorant myself of the specifics of the most recent suit.

The one thing I think we can all agree on is that it's good this project is finally moving ahead.

Agree, the hospital is moving ahead. My concern was to keep patient care at the forefront, not argue for arguments sake. Agree,we are blessed in America to have our day in court. We all learn that in grade school. So I am glad that right was maintained. After many, many, many, days or years in court, we can now cross off it off the list. And say those rights were preserved to be heard. We can feel good, all had their day in court and the right to speak.

Now we can move to patient care, which is long over due. So, it is good, the court s have spoken, rights have been maintained. Time to happily move on. I am pleased patients can be moving up the line of priorities, care will improve. With patient, family and community input quality changes will occur. It is a great day for patient care. Now the ball is in our court, I hope people stay involved and contribute to the process of improved care. Every system needs monitoring and qulaity checks, I hope the new hospital will receive lots of input. And that those with concerns continue or begin to be involved with a community focus.

Yeah, they had the legal right to sue. I might have the legal right to sue them, too, but would it be reasonable, prudent, best for the community as a whole? IMO they took it way too far and were selfish. BTW, I have the legal right to my opinion, too.

My feeling exactly. You said it better than my rant. I was too burned out on the topic and protracted time-line. I just felt bad I had no input or control to shorten the length and waste of the court proceedings. If you said anything, folks would yell "It is their right to be heard." Even though we knew it was a done deal & no one was arguing they should not be heard. In the end, all 4 have had had their day(s) in court. Amen.
......... Thank you again Snoopy, well said.

And for the record, I never cared where the hospital went, patient care was my concern. I am all for legal rights, who would not be? That is a given. I am also a firm supporter of reasonable and prudent approaches that focus on the community. We are all in agreement, individual opinions are important. We all have them. That is life on a forum. That keeps the conversation honest. Many are already extremely involved in the community, so it gets frustrating when wheels get stuck in the mud, as in protracted court battles to nowhere.

OK, so they're building a hospital where they intended for years.

We have a 7000 foot runway whether we need it or not, for whatever purpose - public or covert - anyone choses to believe.

We have a college in downtown Hagerstwon that after several years is still basically a stand alone entity in a rather run-down district.

We will soon have an "Arts School" also in an area I wouldn't want a high-school aged daughter wondering around on her own.

All of these things are debatable. We all have opinions on them. They are all also done deals. We can whine, cry, scream, rant and laugh all we want but we cannot change them any more than the weather. What we can change is who makes such decisions and how they make them. I hope he's just busy but the absence of kid has been painfully apparent since some tough questions a month or so back. Even though we represent a microcosm, the opinions expressed, arguments and even jokes that are made can all shape that philosophy on who and how things are done in the future if they get the message. While kid has been the only openly known (county) politician here abouts I'm quit sure most if not all the others at least peek in from time to time to see what's said. Let's not let them down!

I'm glad that the Washington County Hospital got the go-ahead. I've seen the overcrowding as well as anyone who has been in that place. Washington County has grown, and its about time. Anyone have any news tips on what is planned for the current hospital site facility? Will it be purchased by a developer? Remember that the parking garage is there also to accomodate workers, so it could be lucrative to a buyer. Just wondering.

Not to rehash the entire old argument, but I will point out that in 2002 when a Committee was formed, the Alleghany Energy Site, when evaluated on the merits the committee established, came out MUCH higher on the points scale than ANY other of the nearly 30 sites considered. The Robinwood site was actually removed from that list, along with many other sites ealy on in the review, because it did not score high enough on the rating scale. If this site would have been chosen on the merits rather than the politics of the issue, we would have had a new hospital built 4 years ago for more than 100 million less than proposed. No offense, but try as I did to point that out the public, I do not recall many taking up that cause at that time which could have saved this community millions over time annually. I took these claims to the paper, posted the full minutes on the City website, and argued the point as loud and clearly as possible at every public venue.

The upgrades at the current site were paid for by the hospital. However, it is the non-profit arm of the Washington County Health System (WCHS), so I guess one could argue tax dollars helped with those upgrades. Some would have been necessary regardless of delays in the process, but all will be for naught as the WCHS has in its budget funds set aside to demolish the property. One thought I have shared would be for the Hospital to offer Pangborn Hall and parking deck the the BOE for their central offices. This is the building across the street next to the deck.

To my knowledge if the WCHS cannot make the costs work for its new Hospital as a non-profit arm of its overall business at the new location, it will have the right to petition the State to allow this part to become for-profit as well, which as a citizen is what I would be most concerned about as it relates to local costs for health care.

I would note for those that live near the proposed location for the new hospital that are not going to mind the traffic, that the issue is not simply that a new hospital is going in this location, but rather than in that same time you can expect to see a new 700 student elementary school, a new BOE School Bus Depot, and at least 1,000 more homes, as well as additional expansions to HCC and at least several more complex additions to the Robinwood Medical Center.

This information is not for the benefit of pointing out one position or another, simply some facts to include in your debate on the issue, and how we have gotten to the point we are currently at on this issue as decisions have been made. I am certain that if many could turn back the clock on this issue, different decisions would have been made. My position has always been that the Alleghany Energy site was the most cost effective, effecient, accessible location that was made immediatley available by all parties involved to place a new hospital.

Now that the court decision is final, I would not be surprised if the issue of water/sewer connection and other development related fees, annexation, and roads improvements comes up. Then I would not be surprised if discussion of what the hospital will do with its existing facility makes it way to the forefront, and finally the consolidation of Robinwood Medical Center (for-profit arm) and Hospital (non-profit arm) being consumed and made an entirely for-profit entity is brought forward. Just my two cents worth of guesses though. Only time will tell.

I find it interesting that the current facility of the Washington County Hospital will be demolished. Well, look on the bright side, at least it won't be an empty, old deteriorated building left.