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Resignation or removal called for

May 17, 2013

To the editor: I am horrified at what I am hearing on the news, regarding Councilman McClain not living in the District that he was elected to represent, since last year! Councilman McClain admitted......

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May-17-13 3:56 PM

Horrified.... Really?

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May-17-13 6:10 PM

FOCUS Lynn. It's about RESIDENCE and the definition of such. Your opinion on what is or is not a violation of anything is useless. The city attorney is a real lawyer, looked at the facts and sees NO VIOLATION.

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May-17-13 6:49 PM

John Miehle as a former police officer please tell me how long you have to change your address on your drivers license when you move and the penalty for not doing so?

How long do you have to change your address with the Elections office?

How hard is it to have your mail forwarded to your new address?

There is concrete evidence that he has been out of the marital home for some 11 months.

All of the excuses that the City Attorney offered is just that excuses. The facts are not on the table.

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May-17-13 10:10 PM

Oh my, now the construction industry and the unions will have to buy a brand new city councilor.1 down 1 to go. Maybe McGrail will drop his pompous as.. out of council.

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May-18-13 12:04 AM

Hey Packer, that's twice tonight you've made me laugh. I can see Lynn watching the news and all of a sudden her hair stands on end. She wants desperately to grab a camera, or scale a fence or bump a belly and all she can do is write this silly inane letter.

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May-18-13 1:54 AM

Ms. Rosko, I find it interesting that you refer to McClain's absence as being "out of the marital home." Pray tell, do you have some tidbit of juicy gossip you'd like to share?

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May-18-13 6:49 AM

Can you see the fin?, the shark called the Road Ahead senses blood in the water. You can tell because they are all circling. Batten down the hatches,*****the torpedoes full speed ahead!!! The battle has been joined.

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May-18-13 6:55 AM

Ahh, we would have extected nothing less from you Lynn. To publicize a person's personal tragedy in life with an LTE. You are the epitomy of class....NOT

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May-18-13 7:21 AM

Horrified...lots of things to me deem being horrified, this isn't one of them. Concerned, confused, surprised, those are adjectives that I use in this matter, horrified, no I'll save that for occurrences such as "Boston Strong" or my own hometown's issue in Cleveland.

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May-18-13 8:03 AM

Lynn , your still alive? I thought you would have run off with the undercover reporter from fox news and Gary Kings chicken gate and gas disappearance buddy when he was fired!!! LOL! Get a life!!!!!!!

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May-18-13 9:02 AM

Why can't you people deal in facts instead of all you nastiness!

He states he moved last year but has not changed the address on his driver's license or with the Elections office. This must be done within 10 days of moving! "He states on NBC-2 and other media outlets that he is going thru a divorce yet there is no record of this. He doesn't state whether or not he has his mail forwarded to his new address.

How can you in good conscience defend him? The more he talks the more he trips over his tongue!

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May-18-13 9:39 AM

Again,the term is RESIDENCE Lynn. The legal requirement, not your opinion. As you point out, he didn't change his residence address anywhere and is still one of the owners of record of his home in District 1. He states it's his residence,has been and hasn't changed since before the election. You can parse words all you want but apparently the city attorney can find no conflict with Mr. McClain's resident status. Marital home ! That is not a term used in the context of residence. Divorce, really Lynn !! and what part of residence proof is that. I don't care about his personal life and think it's disgusting that you apparently have searched records to invade his and his wife's privacy. Mr. McClain's District 1 constituents and others who voted for him want him to stay. You and Deile don't and unfortunately for you, your opinions are have no legal standing.

Take a deep breath Lynn, it's only until November with a recess in between.

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May-18-13 9:45 AM

JMiehle the City Charter states 'reside". The City attorney did not investigate the facts of the case!

It is McClain that is throwing out the "excuse" of a divorce to the public media, not me! It appears he is looking for sympathy and the only place he will find sympathy is in the dictionary between shoot and syphilis.

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May-18-13 11:22 AM

Read this slowly Lynn. YOUR INTERPRETATION OF LEGAL ISSUES IN THE CHARTER OR ANYWHERE ELSE MEAN NOTHING ! All the license changing and address change only apply if he says his residence has changed and he does not say that. The city attorney agrees, live with it.

You are the one who said, There is no record of this" regarding his divorce so don't tell me you didn't check. Enough said.

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May-18-13 11:36 AM

John M,

Well said...were you here when Lynn was in her heyday, stinking up Council chambers with her Marlboro smell and melodious voice?

She went round and round with the late Ralph LePera (Impolitico), but for the most part, he chose not to engage in a battle of wits with an unarmed opponent.

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May-18-13 11:40 AM

Wow. The City Attorney issued a long memo with the explanation. Please read it. Doesn't matter whether anyone agrees and it certainly shouldn't matter whether the the Councilman's divorce proceedings are documented or not. Talk about nastiness to try to prove a point. More importantly, anonymous tips to the media mean you take the opportunity to accuse behind curtains. Now that's cowardly. But that's some Cape Coral residents.

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May-18-13 12:29 PM

John Miehle you are an ex cop so surely you know you have 10 days you change your address under Florida Law! He admitted to living in another district since last year. Changes were not made pursuant to Florida Law and you condone that? You must have been some kinda cop!

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May-18-13 12:50 PM

Miehle, you got Rosko so fahklumpt she can't write in complete sentences. Oh, wait, that's just par for the Lynn Course.

Lolita, could you provide directions to the city attorney's opinion, please?

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May-18-13 12:57 PM

"I am horrified"!~~~~I agree.

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May-18-13 12:58 PM

"I am horrified"!~~~~I agree, you are.

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May-18-13 1:23 PM

Lynn, you are the embarrassment you speak of.

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May-18-13 3:14 PM

***********cape-coral-daily-breeze****/page/content.detail/id/534977/Councilman--Case-law-addresses-residency.html?nav=5011. This is where you will find the article that you asked Lolita for.

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May-18-13 3:47 PM

Thanks, Grump, but that article appears to be McClain's interpretation of Menendez's opinion memo. If anyone knows where the original memo can be found, I'd like to read that, even though I don't put much stock in Menendez's ability to interpret the law.

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May-18-13 4:02 PM

Supercalifragilisticexpialidocious: I have not seen any kind of a memo from Menendez either. According to what was written, you could own a home in each district. Not live there physically. Rent to another party but keep the utilities in your name and run for office in any district. That's totally wrong and should never be allowed. McClain admitted that he no longer lives in that district, so I see no problem with him stepping down or being removed.

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May-18-13 8:04 PM

Menendez'smemo can be found by going to capecoral**** and clicking on "watch" on the left side. Then choose "city meetings". Select this upcoming Monday meeting and scroll down until you reach the agenda item concerning councilman's residency. By clicking on that item you can open the supporting materials. The second one is her memo. *******ecape.capecoral****/sirepub/mobilemtgviewer.aspx?meetid=1463&doctype=AGENDA

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