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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

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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

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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

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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

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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

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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.”

Lincoln City Beach Sunset – Don Johnson

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Lincoln City Beach (15th NW)
Lincoln City Beach (15th NW) – Photo By Don Johnson

Lincoln City Homepage is proud to announce Lincoln City resident, Don Johnson, will be sending us some of his amazing pictures to use on the site. Thanks for sharing your talents with the people of Lincoln City Don. This Lincoln City beach shot is great.

 

Facebook Makes Major Change to the News Feed

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facebook makes major change

Here we go Lincoln City: Facebook said on Thursday that it will start to show users more posts from their friends and family in the News Feed, a move that means people will see fewer posts from publishers and brands.

According to Facebook, the move is designed to encourage people to interact more with the stuff that they actually do see. The thinking is that you’re probably more likely to comment and discuss a post shared from a Lincoln City family member than one shared by a business you follow.

“Recently we’ve gotten feedback from our community that public content — posts from businesses, brands and media — is crowding out the personal moments that lead us to connect more with each other,” CEO Mark Zuckerberg explained in a post on Thursday.

Then he added something else surprising: Facebook expects the change will mean that people will spend less time using the service.

“Now, I want to be clear: by making these changes, I expect the time people spend on Facebook and some measures of engagement will go down,” he wrote. “But I also expect the time you do spend on Facebook will be more valuable.”

The announcement is huge for a couple of reasons:

  • It’s bad news for publishers who rely on Facebook for traffic, or a business who uses it as a form of organic marketing. Facebook is very clearly telling these businesses their content won’t spread as far in News Feed, and many publishers spend lots of time and resources creating stuff intended to do just that.
  • Facebook admitting that people will likely spend less time on Facebook has to be sour news for investors. The more time people spend on Facebook, the more ads they consume, and the more money Facebook can make. Less time, at least on paper, seems like it will correlate to less revenue.

For years, critics have blasted Facebook for reinforcing ideologies by showing users content and viewpoints they already agree with, creating a bubble mentality that some believe helped fuel the rise of certain hate groups such as the alt-right. Agents of Russia capitalized on this dynamic and used Facebook (as well as other outlets like Twitter and YouTube) to sow unrest in an attempt to manipulate the outcome of the U.S. presidential election.

It’s unclear, however, if these latest changes to News Feed would stem the spread of fake news, since users will still be able to share links to stories from almost any place, including conspiracy sites.

But Facebook says the reason for these changes come from a study it published last month, which found that people who aimlessly scroll through News Feed without interacting with the stuff that they see walked away feeling crummy.

The changes rolling out now are intended to encourage people to interact, which would theoretically help them walk away feeling less crummy.

“We feel a responsibility to make sure our services aren’t just fun to use, but also good for people’s well-being,” Zuckerberg continued. “The research shows that when we use social media to connect with people we care about, it can be good for our well-being.”

In other words, Facebook believes that it’s sacrificing short-term gain (more time spent) for long-term gain (happier users who will come back more often).

It’s a big gamble, in part because Facebook is bound to alienate a major set of users: Publishers that create a lot of the free content that appears on Facebook. The social network has a reputation for jerking these publishers around by routinely changing the algorithm, which in turn means publishers need to change the kind of stuff they make and share on the service.

High Wind Warning Lincoln City

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High Wind Warning

URGENT – WEATHER MESSAGE

National Weather Service Portland OR 809 PM PST Wed Jan 10 2018

Central Oregon Coast- Including the cities of Lincoln City, Newport, Cape Foulweather, Yachats, and Florence.

HIGH WIND WARNING IN EFFECT FROM 8 AM TO 5 PM PST THURSDAY NEAR BEACHES AND HEADLANDS.

The National Weather Service in Portland has issued a High Wind Warning Near Beaches and Headlands, which is in effect from 8 AM to 5 PM PST Thursday.

* WINDS…South 30 to 40 mph with gusts up to 60 mph.

* TIMING…The strongest winds will occur on Thursday between mid-morning and mid-afternoon.

* IMPACTS…Strong winds may blow down trees, branches, and power lines. Isolated power outages are possible.

PRECAUTIONARY/PREPAREDNESS ACTIONS… A High Wind Warning means hazardous weather conditions of strong and damaging winds are imminent or highly likely in the warning area.

Lincoln City Council Highlights: Ward again alleges Mayor committed a jailable offense

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Lincoln City, OR – Last Monday’s three+ hour city council meeting had Councilor Kip Ward threatening possible jail time to any Councilors he finds violating our council’s rules, and again names Mayor Don Williams. In response to our scathing expose last week, City Manager Ron Chandler discouraged us from publicly airing sexual harassment complaints raised by city employees. And City Attorney Richard Appicello explained why he neglected to forward to council an important communication from Ross Smith regarding Smith’s two lawsuits against the city.

Here are all the juicy bits, in chronological order:

  1. City threatens to shut down Warming Shelter due to alleged zoning issue (Chandler)

Chandler offered an update on the city’s threat of $1,100/day fines to Mayor Williams, if he continues to rent Taft Hall to the Warming Shelter (for the cost of the utilities, by the way). Chandler said the charges against the Mayor cannot wait until the Warming Shelter’s upcoming appeal hearing set for January 16th, before the case is eventually sent to our Municipal Judge. Watch

  1. Alleged Harassment complaint against Lincoln City Attorney Appicello (Chandler)

Chandler discussed the need to keep complaints, such as the alleged harassment complaint against Appicello, under wraps. “Reporters and bloggers need to be cautious on assumptions being made as a general view” he said. The Councilors were silent on the alleged harassment of one of their former employees, but Councilor Dick Anderson offered to help anyone trying to make sense of the Lincoln City budget. Watch 

  1. City’s violations of Oregon’s Public Meetings and Public Records Laws (Appicello)

Appicello gave an update on Smith’s two lawsuits on the city’s numerous alleged violations of Oregon’s Public Meeting and Public Records Laws (15CV22131 & 16CV21270). Smith sent his latest settlement offer last Friday, the deadline set by one of the city’s seven outside attorneys, Bob Steringer, of Harrang, a Portland law firm. Steringer forwarded Smith’s communication to Appicello, who neglected to forward it to the city council for three days, forcing the council to cancel the executive session they’d previously scheduled to discuss Smith’s response. Is this how Appicello spends all his time, scanning and password protecting all communications? Watch 

  1. Possible jail time for “self-dealing” council members (Ward)

Ward lamented “it’s been a challenging three years” with the “unbecoming behavior” of members of the council. Ward again accused Mayor Williams of “self-dealing” without offering specifics. Ward said anyone violating our City Charter is committing a Class A misdemeanor (1 year jail/$6,250 fine). That’s so ironic coming from Ward, as Ward’s primary residence is in Otis, according to former Code Enforcement Officer Janell Templeton, Jerry Warner, and many others. (Section 8.1 of our Charter requires a Councilor‘s primary residence to be in their Ward.) Watch 

  1. City’s failure to require permits to run surf contests (Chandler)

Chandler spoke on the city’s failure to require permits to run surf contests, even though the city required John Forse to have permits to run his Nelscott Reef Big Wave Classic for the last 13 years it’s been held. “I think it’s appropriate for me to review with our attorney, [VCB Director Ed] Driestadt and others, our interpretation of the ordinance” Chandler said. Chandler declined to meet with Forse to address Forse’s serious safety and city liability concerns, choosing instead to meet privately with Appicello, Driestadt, and Police Chief Keith Kilian. Why the secrecy Chandler, afraid of another lawsuit? Watch