Saturday, October 6, 2012

For those that think Commissioner McVoy "knows the Charter..."

There was a comment just left under another post which asserted that Commissioner McVoy "knows the Charter."  In recent campaign appearances, Commissioner McVoy has stated that it is impossible for the city to sell any part of the utility since "the Charter prevents it."

Well, Commissioner McVoy, lets look at what the Charter really says about that.  Under "Article IV - Administrative" appears this wording under Section 9:

The city commission shall not sell, lease, transfer or convey or otherwise dispose of any public utility plant or plants owned by the city without the affirmative vote of a majority of the city electors upon an ordinance stating the terms and conditions of such sale, lease, transfer, conveyance, or disposition

So, dear readers, this language is consistent with the mantra we hear coming from this Commissioner on the height issue: "Let the people vote."  Far from prohibiting the sale of the utility, the Charter allows the sale through the affirmative vote of the electorate.  

And, while we are at it, in 1996 a referendum appeared on the ballot that passed which became part of the same Article as the above:

East of Dixie Highway within the city no building or part thereof shall be constructed which exceeds a vertical height of sixty-five (65) feet above grade. West of Dixie Highway within the city no building or part thereof shall be constructed which exceeds a vertical height of one hundred (100) feet above grade.

Only rarely do you hear anyone mention this provision since A) this appeared on the ballot and was added to the Charter by an affirmative vote of the electorate (i.e, the People spoke) and B) it doesn't fit in with preventing Lake Worth from becoming like Manhattan in some people's eyes.  It should also be noted that the Comprehensive Plan and the zoning code never were changed to allow a maximum height anywhere close to 100 feet anywhere in the city.

Furthermore, and Commissioner McVoy knows this as well since he has been part of various petition drives, the Charter can be amended through referendum by a petition process that is outlined within its own text.  So in many ways the Charter is a living and breathing document that is subject to the will and desire of the electorate at any given time.  What is or is not permitted now may not be what is or is not permitted in the future.

And, lest we not forget, the Charter also mandates that the City hire an Internal Auditor which reports to the City Commission.  The City hasn't had one since former City Manager Susan Stanton - fiercely supported by Commissioner McVoy - eliminated the position since "we didn't need anyone pointing out more problems."  Funding of that position was thought to be "optional" by the previous city attorney, based upon availability funds in the budget.  The position remains unfilled to this day.

Click here if you would like to review the various provisions of the Lake Worth City Charter yourself.