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From the RCHCA Officers

By | B-CC Middle School / RCH Park, From the RCHCA Officers

Dear Members,

As you are aware, on April 11, 2013, Judge Rubin made on oral ruling against
the Rock Creek Hills Citizens Association and the individual plaintiffs on
matters relating to the proposed conversion of Rock Creek Hills Local Park.
On April 23, 2013, Judge Rubin entered a 13 page written Declaratory
Judgement stating his reasons. Counsel, the Association, and the individual
plaintiffs have reviewed the April 23 order carefully and have again
concluded that the Court’s erred in ruling that (1) the plaintiffs have no
standing to challenge the proposed conversion, (2) the Board of Education
has a valid reclaim right to the park, and (3) the government defendants did
not violate any statutes in deciding to convert the park without further
review by the state agencies having statutory jurisdiction over the proposed
conversion. Therefore the Association and the individual plaintiffs are
appealing the April 23 order. In addition, the Association’s park
litigation fund has the resources to pay all its current obligations and has
accumulated a modest reserve for the initial phase of the appeal.

Yours,

John M. Robinson
9616 Old Spring Road
Kensington, MD 20895

Notice from RCHCA Pres re April 11 Court Ruling

By | B-CC Middle School / RCH Park, From the RCHCA Officers

Dear members,

At the April 11 court hearing Judge Rubin ruled for the defendant government
agencies and issued a declaratory judgment dismissing the Rock Creek Hills
Citizens Association’s and the individual plaintiffs’ complaints. The
complaints had alleged that the Montgomery County Planning Board, the Board
of Education, and the County Executive, as well as three state agencies,
incorrectly decided not to follow certain statutory requirements in their
plans to convert the Rock Creek Hills Local Park to non-park. Our counsel
and your community members involved in this litigation (who attended the
hearing) believe that the Court’s decision was erroneous for several
significant reasons. We are now evaluating an appeal of the merits of the
Court’s decision.

Yours truly,

John M. Robinson

RCH Park Hearing Update from John Robinson

By | B-CC Middle School / RCH Park, From the RCHCA Officers

MARCH 18 UPDATE:
Dear Members,

Regarding the RCHCA litigation before Judge Rubin, the hearing scheduled for
tomorrow, Tuesday March 19, has been postponed until March 26 at 3:30.
There is no reason to believe that this is of any significance beyond a
conflict in the Court’s schedule.

Yours,

John M. Robinson

Dear Members,

On March 15 there was a two hour hearing before Judge Rubin on the RCHCA
lawsuit regarding the proposed conversion of Rock Creek Hills Local Park to
school site use. The hearing was continued until March 19 for another two
hours beginning at 3:00. Please do not be concerned about this development.
Our counsel and your local litigation team believe that the continuance
reflects the Court’s efforts to render a well informed decision and is
consistent with our perception that we are receiving a fair hearing. This
does not mean that we will ultimately win on the merits, but given the
proceedings so far, we remain positive about the ultimate outcome of this
procedurally and substantively complex case.

My regards,

John M. Robinson

President, RCHCA

Next General Meeting will be Thursday, October 11, 2012 @ 7:30 p.m.

By | From the RCHCA Officers, Meetings

Dear Members,

THE RCHCA FALL MEETING will be held Thursday, October 11 at 7:30 p.m. at the Grace Episcopal Day School, 9411 Connecticut Avenue in the Multi-Purpose Room. The agenda includes a litigation update, selecting an officer nominating committee, covenants review if necessary, and Treasurer’s report. No voting items are anticipated, but please check before the meeting.

The President’s Message and details will be posted on the RCHCA web site at rchca.org.

Yours,

John M. Robinson

MEETING REMINDER: Thursday, May 24, 2012 7:30 pm

By | From the RCHCA Officers, Meetings

Dear Members –

Just a reminder that the spring RCHCA meeting is Thursday, May 24, at 7:30
at Grace Episcopal Day School on Connecticut Avenue in the all-purpose room.
The agenda includes the meeting schedule, dues, and the status of legal and
political matters involving Rock Creek Hills Local Park. Also, if you want
to preserve Rock Creek Hills Local Park as the core of our community, we
need your contributions to the litigation fund. The action we intend to
file would direct the State Department of Natural Resources to require the
Montgomery County School System replace Rock Creek Hills Local Park and all
of its facilities if MCPS proceeds to build a new middle school on that
site. Please make any contributions to the Rock Creek Hills Citizens
Association and mail or deliver the check to John M. Robinson at 9616 Old
Spring Road, Kensington, MD 20895.

Hope to see you at the meeting,

John M. Robinson

Spring Meeting: May 24, 2012 & Note from RCHCA President, John Robinson

By | Board Correspondence, From the RCHCA Officers, Meetings

May 11, 2012

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

SPRING MEMBERSHIP MEETING ON THURSDAY MAY 24 AT 7:30 – GRACE EPISCOPAL DAY SCHOOL

By | B-CC Middle School / RCH Park, From the RCHCA Officers, Meetings

Dear Members:

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

RCHCA Corresponds w/ County Council re B-CC Middle School

By | B-CC Middle School / RCH Park, From the RCHCA Officers, RCHCANet

Dear Members –

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.

Note re Anticipated Testimony for April 9 Planning Board Meeting

By | B-CC Middle School / RCH Park, From the RCHCA Officers, RCHCANet

Dear Members –

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