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Showing posts from November, 2025

DELUSIONS OF GRANDEUR

Mayor Steward's three-year crime spree scorecard : East Blaine Grandis Pond Planned Unit Development--kaput Semiahmoo Spit Resort Master Plan PUD Amendment --kaput Birch Point Urban Growth Area Annexation--kaput Birch Point   Avista Planned Unit Development--kaput These 2,500 new homes would have overwhelmed our sewer and stormwater treatment plant. 5,000 new residents driving to and from these remote locations would have contributed to Birch Bay, Drayton Harbor, and Semiahmoo Bay pollution from untreated road runoff.

TIME FOR CHANGE

From Chuckanut to Semiahmoo, Water Planning Matters assists civic leaders protecting their communities from city planning departments that neglect to use best available science and best management practices while excluding public participation through the use of false SEPA determinations that can only be challenged through an onerous process requiring citizens to hire lawyers and expert witnesses.  This  system is unlawful and unfair and must be changed.

NO NEW BLAINE UGA

November 21 letter to Whatcom County: Due to the evidence of  misconduct  in  SEPA designations  by Blaine Community Development Services, strategic  violation of the public participation requirement  under the Growth Management Act, and  self-dealing rezones  in the 2025 Blaine Comprehensive Plan under the UGA element, Whatcom County must by law reject Blaine's plan and prohibit any new UGAs. Learn more at waterplanningmatters.org

DEFENDING CRIMINAL ENTERPRISE

A year ago, I warned Mayor Steward that she was leading our city into bankruptcy by encouraging unlawful planned unit developments (PUDs) within the Birch Point and East Blaine Critical Aquifer Recharge Areas (CARAs) in violation of the Growth Management Act. I observed that developers misled by Blaine Community Development Services into investing in these PUDs would likely sue the city when citizens successfully challenged the city plans that violate state law. Now that her empire is collapsing, Steward continues spending $50K per month on lawyers to defend her criminal enterprise at city hall, defaming citizens in the process.

CARA MORATORIUM

The idea for the county council to declare a moratorium on processing development applications in the east Blaine and Birch Point CARAs makes sense in light of the fact that the city used false maps to conceal the existence and extent of these CARAs. Since the public health and drinking water of all Blaine and Birch Bay residents depend on protecting these aquifers, a moratorium would give county government time to prepare a proposal for the establishment of a CARA Protection District to purchase these CARA properties and manage them for public benefit. Whatcom County has jurisdiction over both CARAs, although the Boundary Review Board has to approve the de-annexation. Either way, by establishing a Blaine and Birch Bay CARA Protection District the county could end the onslaught of PUDs threatening our joint public water supply system due to the use of false maps and environmental determinations by Blaine Community Development Services. Instead of gated communities, the CARAs would be f...

MAYOR STEWARD RETALIATES

July Blaine Mayor Steward interviewed me as an applicant for city council appointment. Blaine City Council appointed me chair of the voters pamphlet committee against Proposition 7 . My letter to the editor about the  misleading city proposition  was published in The Northern Light. August I submitted the voters pamphlet statement against Proposition 7 and rebuttal of the city argument. September Mayor Steward incited violence against me for holding her accountable for official misconduct. Washington Coalition for Open Government chastises Steward over transparency. October My letter to the editor about the invalid Blaine Comprehensive Plan process was in The Northern Light. Inspired by the mayor, David Brudvik issued a death threat against me at the city council meeting. Mayor Steward subsequently showed her support for Brudvik on Facebook. November Whatcom District Court Judge Angela Anderson signed protection orders against Brudvik. Mayor Steward called on the county ...

BLAINE PLANNING CONCERNS

  Unapproved Shoreline Policy Narrowing Wetland Buffers    A particular concern is the internal “Blaine Shoreline Policy 01‑2024” issued by staff (Alex Wenger and Mike Harmon):    This policy appears to narrow wetland buffers relative to Ordinance 09‑2729 / SMP Appendix A without going through the legally required channels: no Planning Commission review, no City Council adoption, and no Ecology SMP amendment process.    In practice, staff now treat roads, rail lines, or other hardened surfaces as the “end” of the wetland buffer, and treat the upland side as outside any regulated buffer if a consultant asserts “functional isolation.”    Under the existing CAO/SMP text, those upland areas would normally still be within the mapped buffer unless reduced through the formal buffer‑reduction process (with criteria, findings, and mitigation).    This is alarming because it:    Delegates major policy choices to staff interpretation...

THREE FOR FOUR

What an election in Blaine: three out of four newly elected city council members are delinquents. Blaine planning commissioner and realtor Don Enos, Sarbie Bains (wife of downtown developer Gurdeep Bains), and Jiggy Sorrell, who applauded death threats made against four people at the October 13 city council meeting, make for an abysmal next four years (two under Mayor Steward's tyranny).  Only Blaine citizens can end this criminal enterprise where laws are broken by public officials to financially benefit themselves.

WHATCOM COUNTY CARA MAP

The map of Critical Aquifer Recharge Areas under the Whatcom County Critical Areas Ordinance shows Birch Point and east Blaine aquifers as highly susceptible to urban pollution. The Whatcom Shorelines Report illustrates why Blaine and Birch Bay citizens need to hold the City of Blaine accountable for using false maps, outdated science, and worst management practices that threaten public health and drinking water in the pursuit of home sales taxes.

CARA OASIS

November 15 letter to Whatcom County: Whatcom County oversees many special purpose districts with taxing authority to meet public needs, i.e. water districts, water and sewer districts, conservation districts and so on. A CARA protection district for Blaine and Birch Bay that can purchase the east Blaine and Birch Point CARA properties to protect our joint public water supply system fits that purpose well.  Combined with improved stormwater management in the Drayton Harbor and Birch Bay watersheds, putting these aquifers in public hands would allow for public health, educational and recreational opportunities within an area beset by luxury, gated, planned unit developments. They could become forested 'greenway parks' as a n oasis from the surrounding chaos. Seattle purchased its drinking watershed and allows no development there. We can do the same. Or we can go the route taken by Bellingham, whose municipal reservoir is under an EPA 303 listing under the Clean Water Act due to...

STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION

The danger of SLAPPs is not that they’ll succeed. It’s that the targets may stand down long before a judge ever rules on the merits. The targets of SLAPPs – journalists, nonprofits, unions, or simply courageous individuals – are often short on funds and daunted by the prospect of years of legal woes. No matter how meritless, SLAPPs can silence speech simply because the defendants can’t afford the fight.-- Rights and Dissent

DEPRIVING CITIZENS OF THEIR RIGHTS

The Ferndale Police Department (FPD)  report accusing Blaine citizens of being "deliberately disruptive" to city governance by holding public officials accountable for self-dealing, fraud, and interfering with an election makes the City of Ferndale liable for violating our civil rights.  Did the Ferndale City Attorney look at this police report before it was submitted? Or do Ferndale Police report on investigations of alleged self-dealing by public officials, election interference by public officials, and fraud by public officials without first discussing their findings and evidence with legal counsel? Documented violations by Blaine officials of civil rights raises a big red flag where law enforcement should tread lightly and carefully. FPD attributes malicious intent to our Constitutionally protected appeals for redress of grievances, exhibiting extreme bias by FPD toward those who demand government accountability. FPD should have immediately referred this to the Wash...

BLAINE/BIRCH BAY CARA PROTECTION DISTRICT

November 13 letter to Whatcom County Council: Should the Whatcom Boundary Review Board wrongly approve the city limit reduction over Blaine and Birch Bay's drinking water aquifer, the county would be prudent to protect this Critical Aquifer Recharge Area (CARA) from development by establishing a CARA Protection District and a funding mechanism to purchase the  Grandis Pond  property in order to prevent septic systems and private wells from polluting our public water supply. The same mechanism could be used to protect the Birch Point CARA, which could serve as a reserve aquifer for the future needs of Birch Bay.

BLAINE CITY LIMITS REDUCTION UNLAWFUL

November 13 letter to Whatcom County Boundary Review Board: Dear Whatcom County Boundary Review Board, Please reject Blaine's city limit reduction for the following reasons. The Whatcom County Boundary Review Board  submittal report  from Blaine Community Development Services is related to  Proposition 2025-07 , the so-called " de-annexation " vote which is invalid due to election fraud by the City of Blaine. Blaine intentionally  deceived voters by altering the title of the ballot measure  from the straight forward  " UGA Swap " in the ballot measure resolution  to the fraudulent  'Reduction of City Limits' in the voters pamphlet, followed by an independent expenditure campaign.  That campaign included multiple direct mail pieces to voters, a website, and yard signs that  inaccurately claimed the proposition would protect the Critical Aquifer Recharge Area . It removes the CARA from the city, but provides no protection for it. This camp...

FILTHY HARBOR

The U.S. Environmental Protection Agency (EPA) and Washington Department of Ecology (DOE) have five ratings for water bodies--one being clean, and five being filthy. Drayton Harbor is in category five, what's called a 303 impaired water body. 303 water bodies under the federal Clean Water Act must be cleaned up so they are safe for water recreation, wildlife, and shellfish harvest.  The 303 listing for Drayton Harbor is due to a high fecal bacteria count--human, canine, and herbivore. The herbivore fecal bacteria is being addressed by farmers working with the county extension service and ecology staff who identify pollution sources and solutions. The missing partner here is the City of Blaine, which is responsible under 303 to reduce human and canine fecal bacteria in our urban creeks. Improper stormwater management by the city and developers contribute to the high bacteria count as they discharge into Cain, Spooner, and Dakota Creeks, and in turn into Drayton Harbor. In November, ...

SORRELL APPLAUDS DEATH THREATS

When David Brudvik issued death threats against four citizens at the October 13 town hall, city council candidate Jiggy Sorrell applauded . The November 4 protection orders signed by Whatcom District Court Judge Angela Anderson against Brudvik for these death threats were unequivocal; these were threats to murder four people if they continue to engage in civics.  In his post-threats Facebook message to Brudvik, Sorrell said,   "Thanks, David, for standing up for what's right...We need more community members like you, well-informed and willing to speak up..." After Brudvik's death threats, former councilman Mike Hill--who organized a mob to support Brudvik at the town hall--and developer Skip Jansen greeted Brudvik with congratulatory handshakes. 

PRA REQUESTS

Our public records requests are intentionally overstated by the city. As one example, we asked for 200 specific emails by city manager Mike Harmon. Community Development Services staff sent us 30,000 unrelated emails and a bill for $405. City staff are incompetent to process public records requests, which requires training. By defaming us and botching the investigation, Ferndale police have made both the City of Blaine and the City of Ferndale liable under the Civil Rights Act. It is not OK to use police to intimidate citizens lawfully engaged in civics.

THREATS HAVE CONSEQUENCES

November 9 letter to Whatcom County Prosecutor: On November 4, Whatcom District Court Judge Angela Anderson signed four one-year protection orders against David Brudvik. Mr. Brudvik threatened four citizens by name at the Blaine City Council town hall on October 13. Brudvik was ordered to surrender any firearms and other weapons to the Sheriff's Department. He may not contact or come within 1,000 feet of the four petitioners for protection.  Blaine Mayor Mary Lou Steward attended the court hearing, and Blaine Chief of Police Rodger Funk was called as a witness by Brudvik. I expect that the mayor is concerned about City of Blaine liability for her inciting violence against us that led to Brudvik's threat. The anonymous letter she cited accusing us of intentionally harming the community echoed previous defamation against us by Blaine City Manager Mike Harmon.  On October 22, Whatcom County Council voted to not allow Blaine to annex Birch Point as an Urban Growth Area. According ...

A BOTCHED INVESTIGATION

There are three groups of individuals working on water issues in Blaine : 1) SaveBlaine, 2) Blaine Water Coalition, and 3) Water Planning Matters (includes Blaine and Birch Bay citizens).  SaveBlaine organized to protect the east Blaine aquifer in 2023. Blaine Water Coalition appeared in 2024 to file formal government misconduct complaints. Water Planning Matters began in 2025 to file formal SEPA appeals and to liaison with state and federal agencies. I am a speaker for Blaine Water Coalition and an advisor to Water Planning Matters, which includes representatives from Blaine and Birch Bay. I have never been a part of SaveBlaine. The Ferndale Police Department (FPD) report in response to a request from SaveBlaine (SB), that allegedly accuses SB and others of harassing Blaine officials, was released three days after four Blaine citizens (one from SaveBlaine, one from Blaine Water Coalition, and two from Water Planning Matters) obtained protection orders against death threats issue...

BLAINE BOUNDARY REVIEW BOARD SUBMITTAL

November 7 letter to Blaine City Council: Assuming the Whatcom County Boundary Review Board  submittal report  (on the 11/10/25 council agenda) by Blaine Community Development Services is related to  Proposition 2025-07 , the so-called " de-annexation " vote, it should be noted the vote is invalid due to election fraud by the City of Blaine, which intentionally  deceived voters by altering the title of the ballot measure  from the straight forward " UGA Swap " in the ballot measure resolution to the fraudulent 'Reduction of City Limits' in the voters pamphlet, followed by an independent expenditure campaign.  That campaign included multiple direct mail pieces to voters, a website, and yard signs that  inaccurately claimed the proposition would protect the Critical Aquifer Recharge Area . It removes the CARA from the city, but provides no protection for it. This campaign was paid for by Ocean Farms LLC, the Birch Point developer seeking...

BLAINE COMPREHENSIVE PLAN MUST START ANEW

November 3 letter to city and county : As I  noted at the September 30 open house  on the Blaine Comprehensive Plan, this community orientation to the plan (which the city has been working on for two years) was by law to have taken place at the outset, not at the end. Three of the land use  rezones  in the comprehensive plan were the result of ordinances passed by the city council in 2024-25 that financially benefitted Blaine officials, who failed to recuse themselves when voting. Unenforced Shoreline Management Plan violations, that include new unlawful  reductions  by the city in shoreline setbacks and critical area protections, threaten the Drayton Harbor oyster industry, salmon and orcas. Under the mandatory Clean Water Act 303/ TMDL Drayton Harbor Cleanup  protocol, managed by the WA Department of Ecology on behalf of the EPA, the City of Blaine is required to clean up its act. The more harm the city does to the environment in the interim, by not ...

JAY TABER CV

Jay Taber is a member of Blaine Water Coalition speakers bureau and advisor to Water Planning Matters working on civic reform in Blaine WA. He was a  candidate  for Blaine City Council appointment in 2025, and was  chair  of the committee against Proposition 7.  Community Service : 1991 Contributing author   Natural Heritage program for Whatcom County 1993   Led Watershed Defense Fund to victory  at the Washington State Court of Appeals protecting Lake Whatcom—the municipal reservoir for the City of Bellingham—from improper sewer system management by Water District #10.  1994   Led a litigation consortium—including North Cascades Audubon Society—to victory at the Washington State Supreme Court, setting legal precedent for Critical Areas protection statewide under the Growth Management Act.  1995   Assisted the FBI with field research on Christian Patriot white supremacists making bombs in the greater Seattle region,...