Failure to Post Public Comments

12/4/24 letter to city re timely posting of public comments from Otto Pointer:

Dear Mr. Beck and Mr. Wenger, If the City Council is having a closed door hearing examiner session on December 9th, then a vote on the proposed Semiahmoo amendment, then citizens and the Council need to review all public comments for careful deliberation and duty of care. We believe the citizens and council members can benefit from the extensive work and public interest research from the Blaine Water Coalition. City Council members can use this information and research to make an informed voting decision on this high impact amendment and the likely legal challenges and the impact presented by a future $311M development next to a salmon pathway in Drayton Harbor. Also citizens can contact their ward representatives to vote using our public interest research. Why has the City of Blaine not published my comments and the contributions of the Blaine Water Coalition on the Hearing Examiner website today? We've had this discussion before about untimely posting of public comments and public transparency. When do you plan to post my comments on this URL? Per Honorable Phil Olbrechts request to evaluate the Blaine Water Coalition's report, I anticipate these will be posted today for public review today. I remind you of the obligations under RCW to post public comments timely. As of 12 noon PDT, 12.04.2024, the comments WERE not not posed. Resort Semiahmoo PUD Amendment | Blaine, WA - Official Website Resort Semiahmoo PUD Amendment | Blaine, WA - Official Website On Tuesday, December 3, 2024 at 09:36:01 AM PST, Phil Olbrechts wrote: Let's have Mr. Pointer get his comments in by midnight tomorrow, City and Applicant response by midnight Thursday and I'll get the final recommendation out by end of business on Friday. If we are dealing with something too complex we may have to miss the upcoming council packet. On Tue, Dec 3, 2024 at 9:32 AM Alex Wenger wrote: Good morning Hearing Examiner Olbrechts, This Friday, December 6th, is the last day to enter information into the packet for the next City Council meeting, which is scheduled for Monday, December 9th. The next opportunity for this proposal to be considered by the City Council is January 13th, as the regular City Council meeting on December 23rd will be an abbreviated meeting with consent agenda items only. Thank you, Alex Wenger, AICP CDS Director City of Blaine Community Development Services 435 Martin | Suite 3000 Blaine, WA 98230 360.543.9979 This email may be considered a record subject to the Public Records Act. From: Phil Olbrechts Sent: Tuesday, December 03, 2024 5:06 AM To: Mike Beck ; Otto Pointer Cc: Alex Wenger ; Michael Harmon Subject: Re: City of Blaine Semiahmoo Spit public comment for record EXTERNAL EMAIL My apologies. Since Mr. Pointer's request for additional comment was outside the timeframe for post-hearing comment I didn't see until today that he was requesting an additional opportunity for comment. State law is fairly strict about re opening hearings and deadlines for decision making. Final decisions are due ten business days after close of the record, which is December 6, 2024. However, I'm not making a final decision and the Applicant will not be prejudiced if any delays don't result in delayed Council review. Re-opening the hearing is also prohibited as that can be construed as holding a prohibited second hearing under the Regulatory Reform Act, Chapter 36..70B RCW. However, allegations of factual inaccuracy can marginally/arguably justify surrebuttal under due process. Mr. Wenger, please advise as to the latest date I can submit a recommendation to you without delaying Council review. If we have a few additional days available for getting the recommendation into the council packet I will give Mr. Pointer an opportunity to present his assertions of factual inaccuracy with an opportunity for response from staff and applicant. On Fri, Nov 22, 2024 at 4:08 PM Mike Beck wrote: Examiner Olbrechts, Attached please find an additional comment submitted regarding the Semiahmoo Spit PUD amendment hearing. It has been uploaded to the project website. Mike Beck, AICP Senior Planner City of Blaine 435 Martin Street, Suite 3000 P: 360.332.8311 ext. 3307 


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