RCHCA Reply to the County School Board Motion to Dismiss

2011 11 30 RCHCA Reply to County

I am pleased to tell you that Sandra van Bochove will the principal
representative for RCHCA on the new site selection advisory committee the
Board of Education to advise it on the site for a new BCC Middle School #2.

I will serve as the alternate. There will be four meetings over 2 months
beginning January 16.

In addition, the Board of Education has filed a motion to dismiss our
pending action before the State Board of Education regarding the Board’s
April 28 decision to select RCH Local Park as the site for the new middle
school. The motion is appropriate given the April 28 decision has been
rescinded and therefore there is no longer any legal basis for the action.
Our reply to the Board motion [is] posted  [here 2011 11 30 RCHCA Reply to County] (see below for text version).

We will keep you apprised.

Regards,

John Robinson


Rock Creek Hills Citizens Association
9616 Old Spring Road
Kensington, MD 20895
Local – 301-949-5452
Office – 202-502-6808
Cell – 240-997-4447
jmarkrobinson@verizon.net

November 30, 2011

Office of the Attorney General
Maryland State Department of Education
Attn: Jackie C. La Fiandra – State Board of Appeals
200 St. Paul Place, 19th Floor
Baltimore, Maryland 21202

 

 Re: Rock Creek Hills Citizens  

Association, et al., Appellants

   v.

   Montgomery County Board of

  Education, Respondents

 

 Appellants’ Response to the Montgomery      

 County Board of Education’s Motion to   

  to Dismiss dated November 24, 2011

                                                           

Dear Ms. La Fiandra:

The Appellants in the captioned proceeding are in receipt of the Montgomery County Board of Education’s (County Board) November 23, 2011 Motion to Dismiss in the captioned proceeding.  Appellants concur in the facts as stated paragraphs one through three of the County Board’s motion, including that as of this date there are no official minutes or adopted resolutions supporting the County Board’s November 17, 2011 rescission of Resolution No. 221-11.  It was that resolution that selected the Rock Creek Hills Local Park as the site for a new middle school for the Bethesda Chevy-Chase Cluster.  The Appellants agree that rescission of the Resolution No. 221-11 will moot the instant proceeding.  While Appellants took immediate steps to inform your office of the County Board’s November 17 action, they were not prepared to withdraw their complaint until such time as Appellants could review the official minutes containing the adopted resolution.  This would have preserved an opportunity to comment on the County Board’s action if that should prove necessary.  However, given the draft minutes submitted with the County Board’s November 23 Motion to Dismiss, it appears at this point Appellants will not be required to comment further in this proceeding.

Of particular importance to the Appellants is the fact that the County Board’s resolution appears to incorporate Superintendent Starr’s November 8, 2011 memorandum into the County Board’s November 17, 2011 resolution.  Dr. Starr’s November 8, 2011 memorandum not only contains the procedures for a new site selection process, but equally important, the substantive standards for selecting a site in response to the County Board’s November 17 resolution.  Appellants also note that Appellant RCHCA was requested today to nominate a primary and alternative member to the new Site Selection Advisory Committee pursuant to Dr. Starr’s November 11 memorandum and has done so.  This resolved the remaining outstanding issue with which the Appellants were concerned regarding the County Board’s April 28 resolution. Therefore, assuming that the minutes of County Board’s November 17 are in form and substance similar to the draft minutes attached to the County Board’s November 23 Motion to Dismiss, the Appellants do not oppose that motion.  In closing, I wish to state my appreciation of the professionalism displayed by your office in handling this difficult proceeding.

John M. Robinson

/s/

Rock Creek Hills

Citizens Association

Counsel to the Named

Appellants

 

                                                CERTIFICATE OF SERVICE

 

I HEREBY CERTIFY that on this 30th day of November, 2011, I mailed a copy of the forgoing, postage prepaid, to: Judith S. Bresler, Esq., Carney, Kelehan, Bresler, Bennet & Scherr, LLP, 10715 Charter Drive, Suite 200, Columbia, MD 21044.

______/s/______________                                                                                                                           John M. Robinson

 

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RCHCA President’s Comments re Dr. Starr’s Recent Recommendation to Reopen Site Selection

To our members -

My comments on Dr. Starr’s recommendation to reopen the site selection
process for the proposed BCC Middle School #2 will be brief given what has
been said to date. The first is my appreciation to Cathy Fink, Shannon
Hamm, and Sandra van Bochove for organizing and managing such an effective
lobbying campaign before the County Council and the County Executive. Sam
Statland worked behind the scenes on the lobbying effort in addition to his
successful appeal to the State Open Meetings Board. I am also indebted to
Tom Sisti and Sandra for their extensive work on the legal aspects of our
campaign and to David Brown, Esq. for his support. Jim Pekar’s persistent
testimony and blog were at the core of an extended public relations
campaign. The numerous letters by our residents were the essential support
to this effort.

As I understand it, the Rock Creek Hills Local Park site will remain in the
capital budget as a some $47 million place holder for the construction of a
new BBC cluster middle school. The funds would be shifted to any
alternative site that may be selected next spring. Dr. Staff has stated
that the Planning Board is to be fully engaged. As of this evening there
are no details on the structure of the new site selection process. For
this reason the testimony I am providing as your president on November 10
specifically requests that the Rock Creek Hills community have a seat on any
new site selection advisory committee. We will of course work to assure
that any such process is as transparent as possible and that all possible
alternatives are fairly considered.

In the meantime it might to wise to reduce the frequency of our appearances
before the School Board and accept that at this point they are not prepared
to drop the Rock Creek Hills Park site for good. We will continue to keep
this issue quietly but persistently before the County Council in order to
assure that the site ultimately selected meets the educational needs of our
community and of the other communities that share our concerns. I remain
personally convinced that the Rock Creek Hills Park site is not a good site
strictly on educational grounds. As such its selection would not merit the
recreational, environmental, and fiscal costs that would be involved. Best
wishes for the balance of your year and for the health and well being of
your families.

Sincerely yours,

John M. Robinson

for the

Rock Creek Hills Citizens Association

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MCPS has posted the feasibility study report & traffic study

MCPS has posted the feasibility study report & traffic study on this page

http://www.montgomeryschoolsmd.org/departments/construction/projects/bms2.shtm

Or See Links Below:

Links noted on the above page:
Important Docs

Education Specifications (PDF)
Feasibility Study – Final (PDF)
Traffic Study (PDF)

Posted in Rock Creek Hills Park Middle School | Tagged , , | Comments Off

What a glorious sunny (non-snowy) day!! Thanks to everyone who made this happen – Pictures are on our Gallery Page

Check our Picture Gallery page (under ‘Communications’) to see Halloween pictures from this year (2011) and previous years too!

Thanks Jim Pekar for the picture above – and on this facebook link

And many, many thanks  to Marilyn Emery and her gang of volunteers for keeping the tradition alive (is this the 18th year?), and to Sam & Ann Statland for once again allowing the neighborhood to host this annual event in their front yard!

See many more pictures here….

 

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Subject: Superintendent’s Recommended Capital Improvements Program (CIP)

All -

Here is Superintendent Starr’s FY2013 recommended capital budget, which
includes the proposed construction of Bethesda-Chevy Middle School #2.

http://www.montgomeryschoolsmd.org/departments/planning/CIPMaster_Current2.s
html

[Excerpts from email to John Robinson from Bruce Crispell, Director, Division of Long-range Planning, Montgomery County Public Schools]

[The] superintendent is releasing his Recommended
FY 2013 Capital Budget and FY 2013-2018 Capital Improvements Program (CIP)
today. The recommendation includes the construction of Bethesda-Chevy Chase
Middle School #2 at the Rock Creek Hills Local Park site. The link below
will take you to the document. If you go to Chapter 4, Bethesda-Chevy Chase
Cluster, you can read about the recommendation. Please advise your
association members of the recommendation.

The Board of Education review process now begins. Following are the dates
coming up:

November 2, 2011 – Board work session to review the CIP recommendation

November 10 & 14, 1011 – Board of Education public hearings – call
301-279-3617 to sign up to testify

November 17, 2011 – Board action on the CIP

As you probably know, after the Board acts the request goes over to the
county executive for his review. His recommendations go to the County
Council in mid-January 2012. The County Council then reviews, holds
hearings, and acts by the end of May.

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Information on 2011 Leaf Collections for Rock Creek Hills

Visit: http://www.montgomerycountymd.gov/hwytmpl.asp?url=/content/dot/highway/vacuum.asp

Excerpts from the website:

The 2011 Leaf Collection Season will begin the first or second week in November, 2011.

If your home is not in the Leaf Collection District, click here for information to become included in the Leaf Collection Program.

The Leaf Collection Program continues for 6 to 8 weeks, and includes postings for 2 scheduled pick-ups.

First collection. We will post green signs throughout the work areas several days before our crews’ arrival. We will attempt to allow a weekend for residents to rake their leaves to the edge of the road for vacuum pick-up. Signs will be removed after our crews complete each street.

The second and final fall collection will begin after Thanksgiving. The timing will depend on weather conditions. Red signs will indicate that this is the final collection. The same posting, collection, and sign removal procedures are used for both vacuum collections.

If you believe that your leaves may have been missed, please contact the MC311 call center by clicking in the MC311 logo on the left or by dialing 311. Additionally, you may call DHS at 240-777-7623.

The actual collection of the leaves can be affected by rain, snow and ice. These factors may cause a longer than normal collection effort. Depending on the severity of the inclement weather (which affects the ability of our leaf vacuums to collect leaves) other means of collection, such as front-end loaders, may be employed.

Residents Should:

  • Note the information on the posted signs
  • Rake leaves to the road edge (see pictures) or place leaves in paper yard waste bags.
  • Leaves placed in plastic bags will not be collected.
  • Keep parked vehicles away from leaf piles

Residents Should Not:

  • Place leaf piles in the street
  • Place sticks or other debris in the leaves
  • Place leaves in plastic bags
  • Block access to leaf piles by parking cars on or in front of leaf piles
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Annual Halloween Parade & Pot Luck Details – October 30 (12:00-3:00)

The halloween parade is approaching fast — October 30 from 12:00 – 3:00. We will meet at the circle at the park at 11:45 and begin the parade at 12. We are hoping the fire department will be able to lead the parade as they have done in the past.

The parade will end at the corner of Saul and East Bexhill where we will have games, crafts and a giant slide for the kids. We will also have popcorn and cotton candy.

The association will provided hot dogs, hamburgers and drinks and the neccessary utensils etc.

We would like each family to bring something to share. Those families who’s last name begins with A-L please bring desserts if your last name begins with M-Z please bring a side or salad. Because of allergies we ask that you don’t bring anything with nuts.

If you can help out we could really use you. Students grade 6 and above can earn SSL hours. We need folks to help set up, grill, man the cotton candy and popcorn machine. I could also use help getting ice in the morning.

Please e-mail Marilyn Emery if you can help out in anyway.

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Neighbor Hosting Event to Learn More about Chevy Chase Lake Sector Plan

As you know we have several Sector plans under review in our immediate area. The Chevy Chase Lake Sector Plan is still at MNCPPC under review. The Company has held meetings all summer to solicit input from a wide range of communities. On Wednesday, October 19 representatives from the Company will be at my house at 7:30 pm to go over the draft plan. If you are interested in learning more about the plan, please let me know. I cannot host a huge turn out. However if we have a lot of interest, the Company has offered to host at their headquarters on Connecticut Ave.

The plan is posted at the MNCPPC website: http://www.montgomeryplanning.org/community/chevychaselake/

Please RSVP to shannon@hammonline.net if you plan to attend.

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Here is a PDF of the letter from RCHCA to Valerie Ervin re the Oct 3 meeting

The link below points to a pdf file of the RCHCA letter to Ms. Valerie Ervin, President Montgomery County Council, regarding the October 3 RCHCA meeting on the proposed middle school in Rock Creek Hills Local Park.  Identical letters were sent to County Executive Isiah Leggett, Mr. Christopher Barclay, President, Board of Education, and Dr. Joshua P. Starr, Superintendent, MCPS.

2011 10 08 Letter to Ms. Ervin on October 3 Meeting

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Rock Creek Hills Neighborhood Watch – Training/Info Session – Mon., 10/17 7:30-8:15 pm

As announced during the RCHA meeting last week, the RCH Neighborhood Watch will conduct a training / information session for participants and street captains on Monday, October 17 @ 7:30 – 8:15 pm. It will take place at 9806 Hillridge Drive (home of Paul Tiao and Varuni Dayaratna). If you are interested in attending, please email Paul at paultiao@aol.com so that we can plan appropriately.

As summarized in the Fall RCHA Newsletter and as reflected in Steve’s crime updates on the RCHA list-serve, there is a steady flow of property crimes in our community – mostly car break-ins, car theft, and burglaries. This past summer, two dozen of your neighbors decided to do something about it. We met several times to figure out how to deal with the problem, and developed the following goals:
- Greater community-wide awareness of suspicious / criminal activity
- A wider and deeper network of support in the community for each other in the event of a snow storm, hurricane, floods, downed trees, or power outage.
- Stronger community cohesiveness
- A closer relationship with the county police and elected officials.

Our strategy for achieving these goals is to encourage residents to join the RCHA list-serve and to develop a network of street captains who will reach out to 10 – 15 of their immediate neighbors. In early August, we trained a dozen captains. Next Monday, October 17, we will do a second training / information sharing session for people who are interested in participating in the Watch or volunteering to be a captain.

Neighborhood Watch street captains do the following:
- Talk to 10-15 of their immediate neighbors and encourage them to participate in the Watch
- Provide participants with Watch decals that they can put on their doors or windows
- Share information with participants about recent criminal activity, public safety tips, and how to identify suspicious activity
- Encourage participants to report suspicious activity to the police and to the RCHA list-serve
- Identify vulnerable residents who may need assistance after a major storm
- Identify residents with emergency response skills and equipment who are willing to help vulnerable residents during times of need.

We hope that you will be able to join us for the training / information session on Monday, October 17th.

Paul Tiao & Eden Durbin
Co-Coordinators

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