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Ross Smith vs Lincoln City: Updated

Justin Werner
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Ross Smith vs Lincoln City: Updated

ross smith vs lincoln city

UPDATE 9/8: COURT RULES IN FAVOR OF ROSS SMITH. LAWSUIT GETS CLOSER TO TRIAL

Ross Smith versus the City of Lincoln City may or may not happen in the coming weeks.

Lincoln County Circuit Court Judge Sheryl Bachart will decide if Smith’s lawsuit will go on to the next stage. The City’s defense team has filed a motion to dismiss arguing the statue of limitations applies.

What is this lawsuit about? Smith will argue that Lincoln City has conducted illegal meetings under the guise of executive sessions that the public could not attend.

In The City of Lincoln City’s Corner: Jens Schmidt

jens-schmidtJens Schmidt of Harang Long Gary Rudnick PC, a Eugene-based law firm, will represent Lincoln City.

From the Eugene firm’s website:

Jens enjoys working collaboratively with his clients to develop and execute a strategy that will most effectively reach his clients’ goals. He also prides himself on managing litigation in ways that assist the client in controlling costs.

He has been practicing with the firm since 1987.

Jens has filed a motion to have the case thrown out because the statue of limitations has expired.

Representing The People of Lincoln City: Ross Smith

ross-smithRoss Smith will be representing himself in the upcoming lawsuit. He is not a lawyer but he is up to date on the law. Ross Smith is a computer programmer who has developed software for big companies like Bank of America and Charles Schwab. His work has also brought him into contact with law firms. Ross is highly intelligent and has made a name for himself in the court room.

Lincoln City Attorney Had ODOJ Launch Secret Investigation

Ross Smith has claimed that Lincoln City engaged in “political profiling” with a secret investigation by the Oregon Department of Justice initiated by Richard Appicello.

The city attorney for Lincoln City, Richard Appicello, alleged Smith was practicing law without a license but Smith was cleared of any wrongdoing by the ODOJ. You may recall the Mayor of Lincoln City, Don Williams, was also cleared in the same ODOJ investigation.

What This Case Means for Lincoln City

Taxpayers are footing the bill for Lincoln City’s defense. If Ross Smith wins it could mean a more open government in Lincoln City and a more informed public.

Burning Questions

Has the city reached out to Mr. Smith to see if this whole thing could be resolved out of court? That would have saved some major taxpayer dollars. I have heard that the City of Lincoln City is on its way to over a quarter of a million dollars in legal fees. Is it possible all of this could have been avoided by asking Mr. Smith what it would take to settle?

 

Totality

Justin Werner
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Totality

Filmed from Depoe Bay City Park. Totality is my raw footage of the 2017 Solar Eclipse with some music.

Eclipse Live From Depoe Bay

Justin Werner
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Eclipse Live From Depoe Bay

The Eclipse Live From Depoe Bay. This one in a lifetime event was greeted with cheers and sounds of amazement in this live video streamed from our Facebook Page. The video was taken from The Depoe Bay Harbor.

Skip to -3:45 to see the crowd reaction.

Where Are All The People?

Justin Werner
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Where Are All The People?

Lincoln City, Newport, and Depoe Bay are ghost towns. How did this happen? Is it too early to tell? Where are all the people? I have many questions just like you and maybe a few answers.

State of Emergency

The Lincoln County State of Emergency probably hasn’t helped. Was it really necessary?  Commissioner Bill Hall posted this on Facebook:

“We have declared a State of Emergency in Lincoln County, beginning tomorrow and continuing through Monday. This is a precautionary move–much like east coast communities that do this in advance of a forecasted hurricane. In case local resources are overwhelmed for any reason, we can immediately request state help, instead of having to call a special meeting. All three of us will be at the Courthouse or close by throughout the weekend, but every second might count. Also, the Depoe Bay Fire Department has taken advantage of the governor’s offer of National Guard Help. A dozen guard soldiers and 2-3 Humvees are on their way to the coast.”

That may have scared some locals and tourists alike but its okay because they called it a “Precautionary Move.”

Clouds

The weather websites are divided about whether it’ll be sunny and clear or partly cloudy. From my understanding we want the easterly winds tomorrow not northern winds. Easterly winds will blow any clouds away. Northern winds are not strong enough to blow the clouds away and they could stick around. So everybody think positive and “Easterly” okay?

The latest forecast is for mostly sunny skies at 10:00 AM.

Chances

Places like Madras, OR have an 89% chance to have an unobstructed view of the eclipse but that’s based on historical data so why would we believe that? The chance for the Oregon Coast is around 50%. This means I could be a weatherman and so could you!

That’s all we know but rays of hope like Depoe Bay Mayor Barbara Leff have came out saying its going to be great and you can enjoy the frolicking whales while you watch the eclipse. 

Justin Werner

where are all the people

2017 Lincoln City Kite Festival – X-Kitement!

Justin Werner
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2017 Lincoln City Kite Festival – X-Kitement!

The 2017 Lincoln City Kite Festival dubbed X-Kitement, was a great event for Lincoln City and tons of fun for all. The weather was gorgeous and we were all treated to some really amazing kite flying.

Live From Pixiefest

Justin Werner
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Live From Pixiefest

Here’s a tour of Pixiefest. Rides, Live music, and games for the kids. Did I mention there’s a train?

Update: The fireworks are not actually for Pixiefest, they are for the 22nd Anniversary of Chinook Winds. 

Lincoln City Pixiefest

Justin Werner
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Lincoln City Pixiefest

lincoln city pixiefestLincoln City, OR – Summer time memories of the Oregon Coast bring smiles to many faces…each smile as unique as the memory behind it. For many who visited Lincoln City, it was the famous Pixie Kitchen that brought miles of smiles to a generation of faces. And for two days, on June 24th and 25th, this beloved attraction comes back to life as Pixiefest.

Pixiefest brings magical family memories of the Pixie Kitchen and Pixieland Amusement Park to Chinook Winds Casino Resort. From 11am to 7pm on June 24th and noon to 5pm on June 25th, patrons can relive memories of these attractions while creating new ones. Enjoy rides, entertainment, live music and food infused with Pixie whimsy.

Relive your childhood with the Pixie Memories exhibit, which contains displays of authentic Pixie signs, rides and merchandise from both the Pixie Kitchen and Pixieland. The North Lincoln County Historical Museum has opened their archives and are making these quirky historical documents of Lincoln City’s past available for viewing at the festival.

PixiefestOf course, it wouldn’t be a festival without rides and entertainment. Take a ride around the festival site in a mini-train reminiscent of the Little Toot, the popular Pixieland ride. Go for a spin in the Tubs O’ Fun ride or bounce around in a carousel bounce house. Pixie-themed rides are included with the price of admission, as well as a complimentary Boo & Hiss Melodrama performance from the Pixieland Opera House.

Nosh on culinary treasures of the past, recipes courtesy of the Lincoln City Culinary Center, from the famous Pixie Kitchen. Try authentic cod balls, fried seafood confections made with smoked lingcod, or a cold Pixie scone while you enjoy the mischievous Pixie fun. For the adult Pixies, try a cocktail at the Pixie Kitchen Shell Room, a brilliant re-creation of the Pixie Kitchen bar complete with a mermaid enticing you to enter.

The Pixie Kitchen opened its doors on May 21st, 1953 in Wecoma Beach, Oregon. Owners Jerry and Lu Parks bought the restaurant from former owner T.C. Gallagher, who had called it Pixie Pot Pie. The Parks created a restaurant where families could enjoy an affordable meal and be transported to a magical fairy tale land. Special attention was given to children, who were viewed as customers, and were given place mats that folded into pixie hats and candy gifts. By the 1960s, the restaurant had become a popular tourist spot with the slogan “Heavenly Food on the Oregon Coast.” So much so that an amusement park inspired by the restaurant, called Pixieland, was opened just north of Lincoln City.

Riding on the success of Pixie Kitchen, in 1967 Jerry Parks envisioned a 57-acre “Fairytale Story of Oregon”. He unveiled plans to build Pixieland Amusement Park in the neighboring town of Otis. Opened in 1969, Pixieland was dedicated to the families of Oregon by Governor Tom McCall. Keeping in the fairytale theme of the Pixie Kitchen, Pixieland featured a steam locomotive, a log flume ride, and an opera house. Sadly, Pixieland would not survive the decade and closed its gates in 1974.

Help us kick-off the start of the summer season with Pixiefest, along with the 33rd Annual Summer Kite Festival and the Chinook Winds Casino Resort 22nd Anniversary Celebration.

For more information about Pixiefest, or to purchase tickets visit Pixiefest.com.

Is the City Trying to Cover Up Its Secret Investigations of Mayor Williams?

Justin Werner
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Is the City Trying to Cover Up Its Secret Investigations of Mayor Williams?

On March 8, 2017 the Oregon Department of Justice (DOJ) released documents alleging that Lincoln City Police Chief Keith Killian, and City Attorney Richard Appicello, visited DOJ headquarters at least twice in late 2015 to initiate secret criminal investigations of Mayor Don Williams, and one of the mayor’s supporters, transparency advocate Ross Smith.

Smith claims the DOJ documents raise more questions than answers, so on March 13th, he asked the Lincoln City Police Department for copies of the police reports on the failed investigations.

In response to Smith’s request, Police Department Records Coordinator Tami Williams informed Smith on March 15th that since his request asked for “all police reports,” a large number of documents were involved, and there would be a “substantial amount of fees” to process his request.

Yet on March 21st, City Recorder Cathy Steere told Smith that “no criminal activity investigations from 2015 to present date were found” by Tami Williams, and that the matter was closed.

Smith says he is considering asking the Lincoln County District Attorney, Michelle Branam, for assistance in locating the now missing documents.

This is an ongoing story as usual…

X-Kitement – 2017 Lincoln City Summer Kite Festival

Justin Werner
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X-Kitement – 2017 Lincoln City Summer Kite Festival

Lincoln City, OR – The 2017 Lincoln City Summer Kite Festival is going to be an exciting, or in this case X-kiting, good time. This year’s theme, “X-Kitement,” will be on full display June 24th and 25th at the D River Wayside.

2017-KiteFestLogo-Final

2017 Lincoln City Summer Kite Festival x-kitementEach year, in anticipation of the Kite Festival, a naming contest is held to pick the theme of the event. Progressively working though the alphabet, this year’s theme was determined using the letter “X.” The winner, Judy Mauro from Salem, picked “X-Kitement” which will be the theme of the 2017 Kite Festivals. This quirky and creative theme was selected from over 400 entries that were submitted this past January. A playful take on the word excitement, “X-Kitement” sets the tone for an equally playful Summer Kite Festival in June.

2017 Lincoln City Summer Kite FestivalGet in on the “X-Kitement” at the D River Wayside in Lincoln City, where kite fliers from around the Pacific Northwest will take flight and show off their latest stunts. And, watch as colorful “big show” kites beautify the summer skies. Activities during the festival include kids kite making, professional kite demonstrations and the Running of the Bols, which is a footrace across the beach with each participant harnessed to a parachute kite. The festival runs from 10am-4pm each day.

For more information about the Lincoln City Summer Kite Festival, contact the Lincoln City Visitor & Convention Bureau at 800-452-2151 or visit OregonCoast.org.

Lincoln City Homepage’s Justin Werner will be on location both days and if you would like to show off your kite just walk up to him and let him know. 

Total Solar Eclipse – Lincoln City Oregon

Justin Werner
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Total Solar Eclipse – Lincoln City Oregon

Details for the 21 AUG 2017 Total Solar Eclipse at Lincoln City, OR:
Latitude: 44° 57′ 29″ N
Longitude: 124° 01′ 04″ W
Duration of Totality*: 1m 55s
Partial phase start: 9:04:41AM (PDT), at “1:00 o’clock” on the sun’s disk
Totality Start*: 10:16:07AM (PDT)
*All times shown are calculated for the lat/long specified above, and are accurate to within a couple of seconds, due mainly to influences of the “edge effects” at the start and end of totality.
For a more detailed explanation of this, please see the “About Accuracy” section of this great 2017 eclipse page by Ernie Wright of NASA!
Please also note that these times have been converted from UTC; if you see times on other sites that say “UTC”/ “UT”, or “GMT”, those are NOT the local times for you in Lincoln City!

total solar eclipseLincoln City is in the path of totality for the Great American Eclipse of August 21, 2017!
Observers there will see (appx.) 1m 55s of totality!
(Get your eclipse glasses  – you MUST have them to safely view the partial phases!)

I’ll post more as information becomes available.

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