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Citizens get some answers, but Warming Shelter’s rezone request denied

Justin Werner
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Citizens get some answers, but Warming Shelter’s rezone request denied

UPDATED: Changed Diana Hinton to Susan Wahlke in #4.

Lincoln City, OR – At Monday’s city council meeting Lincoln City resident John Forse was given some good news about the permitting process for special events. Patrick Alexander from the Lincoln City Warming Shelter appeals to council to have the Taft Village Core (TVC) zone changed. The new police station budget was approved for $10.5 million after an $11.6 million ask was shot down. Ross Smith’s two lawsuits against the city were voted 3-2 to be settled. And the city attorney attempted to remove the public comments portion at the end of council meetings.

  1. Warming Shelter president requests rezoning be approved (Alexander)

Based on City Attorney Richard Appicello’s recommendation, council denied the Warming Shelter’s request to rezone the Taft Village Core (TVC) to permit emergency shelters as a conditional use.

 

  1. Special Events permits required for Nelscott Reef surfing events (Forse)

City Manager Ron Chandler informed John Forse, owner of the Nelscott Reef Big Wave Classic, that the city held its meeting and had already informed the event organizers for the rival contest, the Nelscott Reef Big Wave Pro-Am, that they needed a permit to have a competition. When asked by Mayor Don Williams if he had told Forse about the city’s decision, Chandler said “Apparently not.”

Chandler also said that law enforcement would investigate any past violations of the special events permit.

 

  1. Concerns raised regarding City Manager Ron Chandler (Speers)

A private meeting was held between Justin & April Speers and Chandler. During the meeting Speers alleged Chandler berated him, raised his voice, and interrupted him during the entire meeting.

 

  1. New police station $10.5 million budget approved, after $11.6 ask fails

After a presentation by Police Chief Kilian, Councilor Susan Wahlke moved to spend $11.6 million for the new police station. The vote failed 2-4. Immediately after that vote, Councilor Dick Anderson moved to spend $10.5 million, which passed 4-2. Hinton, who voted against the lesser amount, said “it’s not enough.”

 

  1.  Suspend activities for alcohol and other intoxicant sales during an emergency

Councilor Susan Wahlke questioned #15 in the Authorized Emergency Orders and asked if cannabis should be included. The council discussed whether or not to add cannabis to the list of items to suspend sales during an emergency and ultimately decided to include the language as “Other Intoxicants.”

Chandler spoke about the aftermath of an emergency pointing out he would want first responders to not have to deal with intoxicated victims.

 

  1. Attorney opens discussion about removal of public comment from meetings

Appicello says it was suggested for discussion that council remove public comment at the end of meetings. Appicello said it was also suggested that council have two separate meetings, one for business, and one for the public so they could address any grievances with their elected officials. Mayor Williams spoke out against it with Anderson moving immediately to restore “Paragraph M” which would have excluded the public from the second public comment spot on the agenda.

“I don’t think once you create a public forum you can get rid of it, but I think you could substitute something that you felt was equivalent.” – Richard Appicello

 

  1. Smith vs. Lincoln City lawsuits [Executive Session] – move to execute

Council narrowly voted to settle the two lawsuits Ross Smith filed, with Councilor Judy Casper and Hinton voting nay. The motion to execute passed 3-2. Details of the settlement are unknown at this time but there was mention of a performance on the 26th that may be the public apology Smith was asking for in previous settlement negotiations.

Lincoln City Councilor Kip Ward passes away

Justin Werner
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Lincoln City Councilor Kip Ward passes away

A Facebook post confirms Lincoln City City Councilor Kip Ward has passed away.

kip ward

Kip Ward was diagnosed with Acute Myeloid Leukemia, a rare form of cancer with a low survival rate. His passing is a great loss to the citizens of Lincoln City, many of whom have expressed their love and condolences on social media. The Ward family is asking for privacy in this difficult time and in lieu of flowers or cards they ask you make a donation to Kip’s favorite charity, the Beach Bark Fund. Beach Bark provides immediate support to fund veterinary care for stray animals and for pets whose owners cannot afford critical treatment.

beach bark

iPhone Source Code Leak No Big Deal. Here’s Why

Justin Werner
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iPhone Source Code Leak No Big Deal. Here’s Why

The source code for iOS 9, an older version of Apple’s mobile software, was posted on the Github code-sharing earlier this week, doubtless causing gnashing of teeth in Cupertino and joy in the iPhone jailbreaking community.

iphone leak

Even though the software is about two years old, and most iPhones now run iOS 11, the iOS 9 code contained the secret instructions that boot an iPhone (called “iBoot” by some), which may not have changed much in the interim.

It’s not clear whether this leak poses any kind of security threat, as the same code has apparently been circulating privately among iOS researchers for some time, and was even posted on Reddit in the fall of 2017. Because the Reddit poster wasn’t well known, few paid attention to him then.

But the source-code leak will spur new activity among jailbreakers and among iOS security researchers, the latter of whom have found it hard to find bugs in iOS because Apple won’t divulge much of its code.

Specifically, the leaked code is for iOS 9.3, released in March 2016. The consensus among iOS experts online was that it was genuine, but not exactly earth-shattering news.

“iBoot source leak isn’t as interesting as everyone is making out,” tweeted British iOS researcher nullpixel. “It’s been circulated between people for years, surprised it took this long to leak such an old build honestly.”

The code was put on Github anonymously, and it’s not clear who smuggled it out of Apple headquarters. You can no longer find it on the original Github page, thanks to a Digital Millennium Copyright Act objection by Apple’s attorneys, but it took us only a couple of minutes to find a copy. (Sorry, not linking to it.) One wag pointed out that by issuing a DMCA takedown notice, Apple confirmed that the code was real.

The bootloader verifies that the build of iOS loaded on an iPhone is genuine and allows the boot-up procedure to continue. But with each new version of iOS, Apple has been moving more and more processes to a special hardware chip called the Secure Enclave, so it’s possible that jailbreaks based on the leaked iOS 9 code may not work on newer iPhones.

So if you’re an iPhone user, should you be worried? Not really. The leaked source code will benefit low-level black-hat hackers who will be looking through it for security flaws, but they’ll be in an arms race with white-hat hackers doing the same with the intent to fix flaws and/or cash in on Apple’s bug bounties.

More serious iOS hackers will already have seen the source code. The real pros who work for or with the NSA and other intelligence agencies probably reverse-engineered iOS 9 two years ago.

UPDATE: Apple provided us with a statement, here in full:

“Old source code from three years ago appears to have been leaked, but by design the security of our products doesn’t depend on the secrecy of our source code. There are many layers of hardware and software protections built into our products, and we always encourage customers to update to the newest software releases to benefit from the latest protections.”

An Apple spokesperson pointed out that Apple’s own numbers, as posted on the Apple developer site, show that only 7 percent of iOS devices are running iOS 9 or earlier.

Amit Serper, a principal security researcher at Cybereason in Boston, said the leak of the source code does raise the security risks for iPhone users.

“The bootloader is a crucial part of the device,” Serper told Tom’s Guide. “Once its code is publicly available to analyze, it’s a game changer.”

“Finding a vulnerability in the bootloader will allow attackers to tinker with the boot process and execute code that, well, shouldn’t really be executed,” he added. “Sadly, such leaks have been the reality in the past decade.”

City Attorney Appicello gunning for Mayor Williams again

Justin Werner
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City Attorney Appicello gunning for Mayor Williams again

Lincoln City – A bombshell memo sent last week by Lincoln City Attorney Richard Appicello raises serious ethical questions about his lack of impartiality towards Mayor Don Williams, who Appicello alluded may be the target of a new “enforcement” effort to address new “misconduct” allegations raised by City Councilor Kip Ward.

Appicello EmailAppicello’s memo was in response to the Lincoln City Council’s motion on Jan. 8 directing “staff to engage a professional mediator … through [the Oregon] League of Cities,” to “facilitate collegial conversation and cooperation” between the city councilors. The League of Cities offers non-lawyer mediation and interpersonal relations training to member cities throughout Oregon, including Lincoln City.

But instead of seeking mediation from the League of Cities, Appicello sent his request to over 250 municipal law attorneys throughout Oregon. Titled simply “Councilor misconduct,” Appicello’s memo hinted that Mayor Williams had engaged in “self-dealing” (ORS 244.040) by “voting to fund a homeless shelter and leasing them his own property” in Taft.

Appicello also hinted a councilor was involved in the “unauthorized release” of “confidential information regarding a personnel action” (ORS 162.415). Appicello most likely was referring to details regarding an alleged harassment complaint lodged in April 2017 against Appicello by a subordinate who was terminated soon afterwards.

It appears a secret disciplinary hearing was held in May 2017 to address the charges raised in the complaint, but the results of the hearing remain confidential. On Jan. 8, City Manager Ron Chandler offered to answer questions regarding the complaint, and Lincoln City Homepage has submitted several to him, and is awaiting his response.

Mayor Williams denied Appicello’s charges against him. “I didn’t leak anything to [Lincoln City Homepage reporter] Justin Werner — zip, nada — and did nothing unethical in leasing our building to the good folks of the Warming Shelter,” Williams said. “This is another waste of time and money, and I certainly would not have voted for this knowing it would turn out to be another witch hunt.”

Ethical questions abound about the propriety of Appicello’s memo, given that Appicello himself was the subject of the complaint that he alleges may have been leaked, so he was “personally conflicted” as he described it. And it appears Appicello may have overstepped his authority by focusing his sights on Williams so quickly without first getting the council’s permission to do so.

Instead, Appicello appears to have been heeding Councilor Ward’s call to target Williams. At the end of the Jan. 8 meeting, Ward lamented “We have a mayor that is accused of self-dealing and we have confidential employee information that was possibly leaked to the public by a council member,” which Ward claimed was “a serious crime” and a “Class A misdemeanor.”

richard appicello This isn’t the first time Appicello has drawn a bead on the Mayor. In Aug. 2015, Appicello drafted a 315-page ethics complaint against Mayor Williams in response to two citizens voicing concerns about Appicello at a June 2015 council meeting. In Oct. 2015, the Oregon Government Ethics Commission absolved Williams 5-0, blasting Appicello as an “instigator” in the sordid affair.

Following that defeat, Appicello spearheaded both civil and criminal investigations of Williams. The year-long civil investigation was closed in Sept. 2016, with investigator/attorney Russell Poppe saying he  “found no smoking gun” on  Williams.  The failed effort ended up costing taxpayers over $72,000 for the 12-page “Poppe Report.”

After a year of interviewing Williams and other city councilors, and amassing over 800 pages of  documents, the Oregon Department of Justice dropped the criminal inquiry in Sept. 2016, citing “insufficient” evidence. In their report, an investigator chastised Appicello for failing to produce any of the “proof” he had promised them.

In Aug. 2016, Appicello was strongly cautioned that he may be violating numerous ethical rules by assisting in the investigations, so he recused himself from being involved in any further probing of Williams.

Another swing and a miss by Appicello. Strike four. Let’s not give Appicello a fifth shot at taking down our Mayor. That’s against the rules, right?

Concerns about City Attorney | Jerry Warner

LCH Reader
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Concerns about City Attorney | Jerry Warner

A recent article stated that Lincoln City City Attorney Richard Appicello was keeping a handgun in his desk at city hall. This was extremely concerning. I put in a public records request asking whether he was given written or verbal permission to have a handgun in city hall. The response was no. The article further stated that there is a real concern because of his unpredictable temper. Can anyone with a gun permit bring a gun to city hall?

elks-lodge-Public Works Director Lila Bradley and her husband purchased the Lincoln City Elks Club for $150,000. The city attorney, Appicello, was handling a land exchange of 921 square feet of city property for 921 square feet of the Bradley’s property. The property the city owned is dedicated park property by deed restriction and has a portion of the previous Elks Club addition of a health club building on it. The property the Bradley’s own has been a public right of way for over 50 years and has no value.

Appicello had appraisals done on the two properties for land only. This totally disregarded the fact the city property had a building over it and was park property, which has a lease value. ORS 275.060 states that a land trade must be of equal value. The Lincoln City City Council approved the sale. This was a huge financial benefit to the Bradley’s.

The city attorney has a state bar complaint filed against him, with another being prepared. There may be another claim against him for his treatment of city employees.

The city council has two lawsuits currently because of his legal opinions. Over $78,000 has been spent from city funds for outside legal costs for worthless charges against the mayor.

In my opinion, the city council and city administration has lost its credibility with its citizens.

Jerry Warner

Lincoln City

Lincoln City Warming Shelter fix considered, new harassment questions raised

Justin Werner
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Lincoln City Warming Shelter fix considered, new harassment questions raised
Lincoln City Warming Shelter
DLWID Director Josh Brainerd says Devils Lake is under used and under appreciated.

Lincoln City, Oregon – At Monday’s city council meeting council asked staff to provide options to allow the Lincoln City Warming Shelter to continue to operate in Taft. City Manager Ron Chandler was asked new questions about the harassment allegations raised against City Attorney Richard Appicello. Newly hired Parks Director Jeanne Sprague asked council to remove a deed restriction on Regatta Park. And council voted to offer to settle two lawsuits alleging the council violated Oregon’s Public Meeting Laws over 60 times since 2011. Here are the highlights, in chronological order:

  1. Council requests options to allow the Warming Shelter to continue to operate in Taft (Alexander)

Warming Shelter President Patrick Alexander asked council to update our zoning laws to allow emergency shelters in the Taft Village Core mixed-use zone. Emergency shelters are currently only allowed in the General Commercial (GC), Recreation-Commercial (RC), and Planned Industrial (PI) zones. Council then asked staff to provide options on initiating this zoning change. The Warming Shelter could be shut down, and Mayor Don Williams and the Warming Shelter each fined up to $1,100/day, if Planning Director Richard Townsend refuses to accept the Voluntary Compliance letter Alexander submitted to Townsend on Jan. 12.

  1. Dreistadt chastised for advising businesses that surf contest permits aren’t needed (Forse)

Local surfer John Forse, founder/organizer of the Nelscott Reef Big Wave Classic, asked to attend the meeting that will be held by City Manager Ron Chandler, City Attorney Richard Appicello, and VCB Director Ed Dreistadt. Appicello called it a “staff meeting” and that he’s privately given legal advice about the lack of requiring permits to hold surfing contests at the Nelscott Reef. Forse said he “hopes no one dies” from Dreistadt‘s “knuckleheaded” decision to not require permits to run surf contents. This is the second time Forse has petitioned council for their help.

  1. New questions raised on alleged harassment complaint against City Attorney Appicello (Werner)

In response to harassment allegations raised against City Attorney Richard Appicello, our own Justin Werner alerted council that he requested City Manager Ron Chandler meet with media representatives to answer the following questions:

  1. Did Mr. Appicello file a cross complaint against the alleged victim?
  2. Did the alleged victim receive a copy of this complaint?
  3. Was the alleged victim’s termination influenced by Appicello’s complaint against her?
  4. Was the alleged victim offered a Non Disclosure Agreement (NDA) to sign?
  5. How much was the alleged victim paid to remain silent?
  6. What discipline, if any, did Appicello receive?
  7. What changes, if any, has the city implemented, to avoid this type of thing from happening again?

Werner thanked Chandler for offering to answer questions at the last council meeting regarding the serious allegations. Werner also applauded Councilor Kip Ward for calling for transparency in digging into the allegations.

  1. Devils Lake Dash nixed due to deed restriction at Regatta Park (Brainerd)

Devils Lake Manager and DLWID Executive Director Josh Brainerd said that Devils Lake was underused and under appreciated. He said many visitors to Lincoln City are unaware of this hidden gem that could be utilized for events such as the Devils Lake Dash, which didn’t run this year, due to a 1934 deed restriction disallowing refreshment stands at Regatta Park. Other restrictions included the “smoking of cigars.”

Appicello admitted he didn’t know enough about deed restriction law, and had not spent any time on it because he hasn’t “been directed to do it,” and it would not be an easy process finding the heir and getting a release signed. Council voted to ask staff to contact a title company to see if removal of the deed restriction is possible, and the cost.

Councilor Kip Ward raised concerns over “environmentally safe fireworks” and asked if fireworks were being allowed to fall into the lake. Ward’s comment provoked laughter by Councilor Diana Hinton.

VCB Director Ed Dreistadt said when visitors are asked about Devils Lake, the most common response is “there’s a lake here?”  

  1. Council voted to offer to settle the two Oregon’s Public Meeting violation lawsuits (Anderson)

After meeting in executive session, council voted 5-1 to make another settlement offer regarding two lawsuits alleging the city violated Oregon’s Public Meetings/Records Laws over 60 times since 2011 (15CV22131 & 16CV21270). The lawsuits were filed by transparency advocate Ross Smith in 2015 and 2016 and are scheduled for trial in April and May of this year. So far, council has spent over $70,000 to fight the two suits, and legal experts estimate the trials could cost taxpayers $200,000, or more, an amount far exceeding this year’s $40,000 litigation budget. Councilor Kip Ward voted no, as he has consistently in the past. Councilor Hoagland did not vote, due to his absence.

Ocean Strikes Sea Gypsy and Kyllos

Justin Werner
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Ocean Strikes Sea Gypsy and Kyllos

Ocean Strikes KyllosLincoln City – Yellow caution tape was strung up to prevent anyone from getting too close to the surging ocean near Kyllo’s and the Sea Gypsy hotel. Fire crews and police were urging onlookers and press to stay back as the surges were unpredictable.

Sea Gypsy staff told Lincoln City Homepage they lost at least 6 sliding glass doors and had to evacuate the first floor.

Kyllo’s lost a gas line due to the power of the ocean.

This is a reminder not to go down to the beach when conditions are like this.

Lincoln City Sunset

Justin Werner
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Lincoln City Sunset

Lincoln City photographer, Don Johnson, captures the awe inspiring beauty of sunset on the Oregon Coast. This set reminds us to take some time to absorb our gorgeous coastline.

lincoln city sunset

Lincoln City Beach Sunset

Lincoln City Sunset rocks

Taft Elementary Band Winter Concert

Justin Werner
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Taft Elementary Band Winter Concert

taft elementary bandThe Taft Elementary Band Winter Celebration Concert was a well orchestrated event held at Taft High School. Students showed a major improvement in skill since the beginning of the year as evidenced by the display of playing with just the mouthpiece and then with the full instrument. The audience clapped and whistled frequently and the kids showed outstanding enthusiasm

The band finished their set with Pirates Parade, and they pulled it off with classic big band style. Watch the end of the video to hear this awesome harmony.

Hats off to the band and everyone who came together to make this event such a hit.

All this was made possible with a grant from the Oregon Community Foundation who is giving $210,000 over three years and an additional $70,000 for two more years to the Taft schools.

Trial dates set for Lincoln City Public Records/Meetings Law violations suits

Justin Werner
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Trial dates set for Lincoln City Public Records/Meetings Law violations suits

lincoln city public records

Lincoln City, OR – Trial dates have been set for two lawsuits that claim the Lincoln City Council violated Oregon’s Public Meetings and Public Records Laws over 60 times since 2011.

The first case, Ross Smith vs. City of Lincoln City I (15CV22131), claims the city council held over 60 illegal secret meetings without alerting the public of their existence, thereby violating Oregon Revised Statute (ORS) 192.640. Today, Lincoln County Judge Thomas Branford scheduled the trial for April 17, 2018.

The second case, Ross Smith vs. City of Lincoln City II (16CV21270), claims the city council illegally appointed Richard (“Dick”) Anderson to council, as well as illegally appointing numerous Planning Commissioners, and Budget Committee members by secret ballot, thereby violating ORS 192.650. Lincoln County Judge Sheryl Bachart scheduled this trial for May 16, 2018.

When asked about the cases, Smith said: “Our city council could avoid the time and expense of these trials by simply apologizing to our citizens for having ‘possibly’ violated the law. In fact, the wording of the apology is the exact same wording they forced our Mayor to agree to on Sept. 26, 2016, after holding nine secret executive sessions in their failed attempt to extract a confession from him.”

When Lincoln City Homepage told Smith a litigation attorney suggested these two trials could cost taxpayers $200,000 or more, an amount far exceeding the $40,000 allocated for litigation in the city’s current budget, he replied: “let’s hope our city council avoids this unnecessary expense, and places the needs of our citizens first. There are so many other more pressing matters for them to address.”

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