Dear Members,

This is the May 24 meeting update that was promised you in my prior e-mail and on the post card I hope that most of you received. First, the Rock Creek Hills Citizens Association spring meeting is confirmed for May 24 at 7:30 at Grace Episcopal Day School on Connecticut Avenue. The meeting is in the all-purpose room as follows.

Administrative Matters

First, we will discuss possibly raising the annual dues by $5 for calendar year 2013. The dues levels have been the same for almost seven years and $5 dollars would be significantly less than the rate of inflation. This increase is to be used for our ongoing regular activities such as the mailings, meetings, the Mother’s Day Picnic, Halloween Parade, landscaping maintenance, and the like.

Second, use of the post card plus electronic newsletter and the website saved some $700 for this one meeting. We will discuss using this format in the future except where the Board concludes that written notice of the issues is required, such as by-law changes. This meeting’s experience suggests that post card notice with supporting website and email notice is sufficient to establish the meeting date once this is a well-known practice.

Third, I will inquire at the meeting whether the winter and spring meeting should be combined to put us on a six month meeting schedule with special meetings as required. The most difficult events we have faced over the last 16 months have never coincided with our three meeting schedule. Given the realities of the electronic age I leave this for your consideration, but do not feel strongly about it. It is your time that is involved.

School Site and Litigation Update

As most know, on April 17 the Montgomery County School Board again selected our local park, Rock Creek Hills Local Park, as the site for the B-CC Middle School #2. The School Board did so despite the limitations of our park as a school site, including its size, projected enrollment growth, and probable construction cost. While we are of course concerned with the implications for our community, it is important to emphasize that there are educational, budget, and recreation issues that transcend our immediate concerns and would affect many outside our community. The School Board’s decision was particularly troublesome because the Planning Board Chair expressed a willingness to cooperate and work with them to select a site of mutual benefit that would best fit the needs of both the school and park systems.

Based on the instructions at our last meeting, RCHCA will file an administrative appeal shortly with the State Board of Education. We see no basis for the School Board’s decision that would destroy a valuable recreation resource. Because we will be handling this internally based on prior experience, we expect the cost to be minimal.

A second issue is more complicated and would require the use of outside counsel with expertise in land use issues. We have consulted two land use attorneys and have confidential memos from both that indicate a strong cause to challenge the relevant state agency, the Department of Natural Resources (DNR). It is DNR’s practice that would make Rock Creek Hills Local Park available to the School Board when there is no statutory basis for DNR’s position.

It is the conclusion of the lawyer we would retain that there are meritorious grounds to bring an action. If RCHCA prevails, the School Board would have to replace the land and all the facilities with a 13 acre site elsewhere in the surrounding community before it could take action to reclaim Rock Creek Hills Local Park. This is what we believe Maryland law requires of the School Board and this would be difficult for it to do.

Any action would be in two phases. The first is an action in local court to challenge DNR’s practice as not supported by law. While our prospects are good, this action will require complete participation by the Kensington community. If our community comes together to save the integrity of our neighborhood and the heart of this community, Rock Creek Hills Local Park, and the valuable attributes that this green space brings to our neighborhood, then we will have a good chance of success. We are asking for contributions per household of $250 (and welcome higher or lesser amounts) to fund the first phase of the litigation against DNR. If a second phase is needed, an appeal, we will examine the basis for any appeal before moving forward with any additional litigation.

Remember that funding for the DNR litigation is a voluntary contribution. Any funds received will be placed in a separately designated account and will not be commingled with our normal operating funds. Nor will operating funds be used henceforth to support this DNR litigation. The amount of each contribution will be recorded on a spread sheet and if there are any surplus funds, they will be refunded pro rata to the households making the contributions. The check for funds should be made to the Rock Creek Hills Citizens Association and be mailed to 9616 Old Spring Road, Kensington, MD, 20895.

We will discuss this matter at our May 24 meeting, but if you support the proposed action against DNR it would be helpful to know the extent of support and your contribution in advance. All contributions and commitments regarding the proposed DNR litigation are confidential and inquiries should be made to the undersigned at jmarkrobinson@verizon.net. You do not need to be a member to support the proposed litigation, but you do need to be a member to vote at the May 24 meeting.

I thank you for your past sympathies and support and hope to see you at the meeting.

Yours,

John M. Robinson

Please RSVP to edendurbin@verizon.net if you plan to attend.

We invite all neighbors to the next the Rock Creek Hills Neighborhood
Watch meeting on Thursday, May 10th at 7 – 8:30 pm at Eden Durbin’s
house (3307 Wake Drive). Community Police Officer Denise Gill will
join us to talk about recent crime trends and provide helpful tips on
the best methods for preventing crime in our neighborhood. We feel it
is very important that we develop a good relationship with Officer
Gill, since that should lead to greater responsiveness on the part of
the county police when public safety issues arise.

In addition, neighborhood watch captains will discuss how to join the
outreach efforts to other neighbors in order to solidify connections
in our neighborhood to better prevent crime and increase communication
during weather emergencies, including power outages. We invite all
Rock Creek Hills all in the neighborhood to join us. Please RSVP to
Eden Durbin at edendurbin@verizon.net.

Sincerely,

Eden Durbin and Paul Tiao
Rock Creek Hills Neighborhood Watch

The entertainment will be provided by 40 Dollar Fine. You can learn more about them at http://www.40dollarfine.com/. There is also a schedule of the upcoming performances on the website in case you want to preview them.

So I have an idea of how much food to order, please let me know if you will be coming.

Also please bring your own beverage(s) and a desert to share.

If you know of folks not on the list serve please pass the information to them. I look forward to another Rock Creek Hills tradition.

Marilyn Emery
asksoft@verizon.net

The RCHCA spring meeting will be held Thursday May 24 at 7:30 in the
all-purpose room of Grace Episcopal Day School. You will also receive
shortly a post card to this effect. The agenda includes a further discussion
of school site selection issues and related litigation matters, which will
be a voting item. We will also discuss and vote on a possible small
increase in the dues. Other matters will be entertained from the floor if
time permits. Remember that your dues must be paid if you want to vote.

There will not be a newsletter for this meeting because we have no
newsletter editor. The President’s message and other details regarding the
meeting will be posted by e-mail and on our website at rchca.org no less
than two weeks before the meeting. If you are willing to take on the
newsletter, please contact me. The Board would be most thankful for help
with this three times a year task.

Regards,

John M. Robinson

Attached below is the text of a letter the RCHCA sent to the County Council
on Friday April 6 urging them to retain to the Council in this year’s budget
Council authority to make the final decision on the site selection for new
B-CC Middle School. I urge you to send the same message to the Council if
you are opposed to placing the proposed school in Rock Creek Hills Local
Park. The issue should be addressed in the near future because it is now
under consideration by the Council. You should be advised that the Council
President, Roger Berliner, does not favor the concept even though he is our
district council member.

Regards,

John M. Robinson

Text of the April 6 RCHCA Message to County Council on Retention of Site
Decision Authority by the Council

Dear Council President Berliner and Council Members Andrews, Elrich, Ervin,
Floreen, Leventhal, Navarro, Rice, and Riemer:

I am sure you have all received numerous e-mails and letters
regarding Superintendent Starr’s recommendation to the Board of Education
that the Rock Creek Hills Local Park be the site for the proposed B-CC
Middle School # 2. However the site selection process is moving forward
rapidly with the mandatory referral before the Montgomery County Planning
Board on Monday, April 9, and a hearing before the Board of Education on
Tuesday, April 17, 2012. While you have been provided the Minority Report
of the Rock Creek Hills Citizens Association regarding that recommendation
and several of your offices have discussed it with our members, at this
juncture there are two fundamental policy issues involved.

The first policy issue is whether the Board of Education may ultimately rely
on an expedient reclaim right to Rock Creek Hills Local Park in making its
final site selection decision, or should engage in a more thorough analysis
of whether two or three other sites might be preferable for educational
purposes. While this might require making the necessary arrangements with
the Planning Board, at this point the Board of Education staff has made no
meaningful analysis of whether any such alternative sites might result in
lower cost to the taxpayer and would in some cases provide more land to meet
the Board of Educational program requirements. It is clear that the Board
staff does not intend to do so.

The second policy issue is whether the Board of Education should
have sole discretion in determining the structure of important recreation
and social assets in the lower County. While this issue is particularly
acute with regard to the two regulation soccer fields in Rock Creek Hills
Local Park, it is also true with regard to the recreation facilities in some
of the alternative sites considered in the latest site selection process,
including those in North Chevy Chase and Norwood Local Parks. I
respectfully suggest that reliance by the Board of Education on its reclaim
right may foreclose an adequate evaluation of the social and fiscal
implications of its site selection decision absent further review and
consideration by the Council. This is true even though the scarcity of open
land in the lower County raises broader issues that are of great
significance to the County’s long term well being. The Board of Education
staff’s priorities in this regard are clear, and while the position of the
Board of Education itself is unknown at this point, its pending decision is
obviously a matter of concern to a wide range of interested parties.

Given the needs of the broader community that uses the Rock
Creek Hills Local Park and the taxpayers in general, I urge that the
budgetary language for the next fiscal year reserve to the Council the
authority to make the final site selection decision for the proposed B-CC
Middle School #2.

Sincerely yours,

/s/

John M. Robinson

President

Rock Creek Hills Citizens Association.

On Monday, April 9 the Planning Board will be hearing testimony on the recent Site Selection Advisory Report and Superintendent Starr’s recommendations to place the new BCC Middle School #2 in Rock Creek Hills Local Park.

You have been urged to appear and show your support for the RCHCA opposition to this
recommendation. I urge you to do so and submit written statements in support
of the RCHCA position. However please remember that the Planning Board
supports our concerns and will have a long and contentious evening.

We should not burden them with repetitive oral statements, so please tell
Jim Pekar and myself know if you plan to speak and the topic. We would like
to coordinate the oral presentations before the meeting.

Regards,

John M. Robinson

We continue to knock on doors, and the issue continues to be of concerned to our elected officials, which is a good sign as it should be. WE NEED TO CONTINUE TO GET THE WORD OUT AND WE ALL NEED TO DO IT COLLECTIVELLY. The next steps are as follows

March 13 – March 26 PUBLIC COMMENTS ON SSAC REPORT
If you have not seen the final report with all Minority Reports please click on the link below

http://www.montgomeryschoolsmd.org/departments/facilities/REM/

TO MAKE COMMENTS ON THE FINAL REPORT CONTACT: Bruce_Crispell@mcpsmd.org or Janice_Turpin@mcpsmd.org

IF YOU DON’T HAVE TIME TARGET THE BIG AUDIENCE: Superintendent Starr, the BOE, PLANNING BOARD

Monday, March 26, BOE Meeting, Sign Up at 11:00 a.m. – 11:30 a.m. by calling 301-279-3617 –for testimony later on the day at 6:45 pm Public Comment Period

Or write: BOE@MCPSMD.org

Friday, March 30th- Superintendent’s Recommendation Release-

· VOICE YOUR CONCERNS ABOUT A FLAWED PROCESS

· DETRIMENTAL RESULTS TO PUBLIC AND STUDENT POPULATION

· PROCESS FAILED SHORT OF ITS CHARGE OF TRUE AND FAIR ANALYSIS

· RESULTED IN CONTINUED LOST OF PUBLIC TRUST

· CONCERNS ECHOED IN ALL MINORITY REPORTS, INCLUDING THOSE FROM DEPARTMENTS OF PARKS AND PLANNING, AND THE BCC HS NAACP PARENT’S COUNCIL

Brian Edwards Chief of Staff: Brian_Edwards@mcpsmd.org

Dr. Joshua Starr, Superintendent, MCPS -Joshua_Starr@mcpsmd.org

Monday, April 9, Mandatory Referral – M-NCPPC (PLANNING BOARD) – ONCE AGENDA (for April 9) IS POSTED YOU CAN CLICK ON THE ITEM AND SIGN UP TO TESTIFY

Write Chair Carrier at MCP-Chair@mncppc-mc.org

·VOICE THE LOSS OF A VALUABLE ASSET TO OUR COMMUNITY AND THOSE COMMUNITIES BEYOND THE BORDERS OF OUR NEIGHBORHOOD

·VOICE CONCERN ABOUT THE CONTINUED LACK OF PUBLIC INVOLVEMENT IN THE PROCESS

·VOICE CONCERNS ABOUT LACK OF DATA AND A TRUE AND FAIR ANALYSIS

·VOICE CONCERNS ABOUT OTHER VIABLE SITES ELIMINATED TOO QUICKLY THAT NEED FURTHER ASSESSMENT INCLUDING PRIVATE SITES.

·VOICE CONCERNS ABOUT THE RUSHED NATURE OF THE PROCESS WHEN MCPS’ PLANNING BUDGET REQUEST STARTS 2013

Tuesday, April 10 sign up to testify on Thursday, APRIL 12, when BOE takes final action on MS#2 by calling 301-279-3617

Thursday, April 12- BOE to take action on MS#2

Thank YOU!!!

Sandra van Bochove
Old Spring Road

The following e-mail address will send any comments you may have to all of
the Planning Board Commissioners.

MCP-Chair@mncppc-mc.org

The Planning Board website is at www.montgomeryplanningboard.org and
includes access to the departments and the Board’s agendas.

Regards,

John Robinson

Above numbers show a 37% reduction in dues payments compared to same period last year.

Dues payments are accepted throughout the year; however, now is better than later. We will have unplanned expenses coming due related to our to the proposed middle school to be built on the grounds of Saul Road Park.

Please send dues payments of $35 to:

RCHCA
℅ David Hall, Treasurer
3103 Kent Street
Kensington, MD 20895

Many residents include an additional $5, $10, $15 or $20 to cover landscaping of traffic triangles in the neighborhood. One neighbor sent in a check for $100 … $35 dues and $65 additional.

All for now,

David Hall
RCHCA Treasurer

[Report of SSAC for B-CC MS2 FINAL March 12,2012]

Attached is the final report of the site selection advisory committee. This has now been transmitted to the superintendent and Board of Education members. The report is posted on the web and is available for a period of public comment, through March 26th. If you know of anyone wishing to comment on the report please advise them to go to the following link to pull up the report and to see instructions on who to send comments to. (Note that the report is quite large and takes a little while to appear once you click on it.)

http://www.montgomeryschoolsmd.org/departments/facilities/REM/

The next steps are:

• March 15th 9:00 am – Briefing by MCPS staff to Montgomery County Planning Board on SSAC report and recommendations
• March 30th Superintendent recommendation released (will be emailed to SSAC members and posted on the above web site)
• April 9th 5:00 pm – Mandatory Referral at Planning Board on report recommendations
• April 12th 4:00 pm – Board of Education action on a site

Thanks again for your review of the report and, of course, your participation in the process.

Bruce

Bruce Crispell
Director, Division of Long-range Planning
Montgomery County Public Schools
2096 Gaither Road – Suite 201
Rockville, Maryland 20850
bruce_crispell@mcpsmd.org