Madison Mayor didn’t need any emergency powers

Tonight the City Council votes on the 23 emergency orders the mayor had to make – but were any of them actually something that had to be done in an emergency? No. Not. one.

BACKGROUND ON MAYOR’S EMERGENCY DECLARATION AND ACTIONS

At the Council meeting tonight will be the first time that many of these items will be discussed – if at all.  I’ve blogged about the mayor’s emergency declaration 3 days after the declaration which had no public announcement of any kind.  In that declaration the Mayor took 23 emergency actions. Some of which were already done before she made the declaration on March 23rd.  The mayor did not explain why her actions were needed.  Instead, weeks later, an army of city attorney staff wrote many memos summarized here and here.

Honestly, nothing that was done in any of these resolutions was urgent or an emergency.  If none of these happened, no one would have died.  These were almost all financial or administrative transactions that could have been reversed and late fees waived.  None of these actions needed to be acted on alone by the mayor. Most of them are just a business community wish list. None of them would have suffered had they waited a few days for Finance Committee or Council to meet.  The council has several items on its agenda that were introduced directly to council, without having been introduced at a prior meeting and without committee recommendations.  They can act quickly if they want to.

FIRST THREE ACTIONS REVIEWED

The finance committee discussed one of the items about budget transfers, which resulted in it being amended. (Item 36)

Transportation Commission made recommendations on two of them.  One took away the power of the Transportation Commission and gave it to the staff.  There is a substitute, but its not listed on the Council agenda that way. (Item 43) There are substantial changes to it. The other was about curbside pick up for restaurants and grocery stores and it also was substantially changed. (Item 44)

REMAINING 20 ACTIONS

• Authorizing the suspension of CDA late lease payment fees.Not sent to any committees, no recommendation, only discussion will happen on the council floor.

The CDA is a quasi-governmental agency with its own powers.   It doesn’t need the council to approve this or the mayor to order it.  They already did this at one of their meetings.  In fact, HUD ordered them to do this.

• Waiving late fees and penalties associated with licenses and permits issued by the Madison City Clerk’s office, including late fees for alcohol beverage renewal applications Not sent to any committees, no recommendation, only discussion will happen on the council floor.

This wasn’t urgent.  This could have been voted on at the meeting on March 31st since it wasn’t referred to committees.  The mayor argues the process is too slow, but she could have suspended the rules that require introduction at one meeting and consideration at the next.  And/or they could have agreed to suspend the rules to allow consideration.

• Authorizing the suspension of late fees for parking violations Not sent to any committees, no recommendation, only discussion will happen on the council floor.

This wasn’t urgent.  This could have been voted on at the meeting on March 31st since it wasn’t referred to committees. The mayor argues the process is too slow, but she could have suspended the rules that require introduction at one meeting and consideration at the next.  And/or they could have agreed to suspend the rules to allow consideration.

• SUBSTITUTE – Authorizing the execution of real Estate documents for the occupancy of buildings for the purpose of quarantine. Not sent to any committees, no recommendation, only discussion will happen on the council floor.

This one is hilarious/not hilarious.  They spent $145,000 for police and fire to be able to quarantine themselves and then stopped renting the hotel because it wasn’t being used. (See Emergency Operations Committee update)

• SUBSTITUTE – Extending time periods for conveyance permits issued under Madison General Ordinance Section 40.08(3). Not sent to any committees, no recommendation, only discussion will happen on the council floor.

Not urgent.  Could have waited or been voted on at the meeting on the 31st.

• Authorizing Public Health to reduce fees for numerous licensed establishments to the 2019 rate, and authorizing waiving late fees and offer renewal fee deferment where permitted Not sent to any committees, no recommendation, only discussion will happen on the council floor.

Not urgent. Also required county action.

• Extending time periods for work permits for fire protection systems Not sent to any committees, no recommendation, only discussion will happen on the council floor.

Not urgent.  Could have be voted on at the March 31st meeting.

• Authorize the Office of Business Resources the discretion to refund banner permit fees under Madison General Ordinance Section 31.075(2)(a) Not sent to any committees, no recommendation, only discussion will happen on the council floor.

Not urgent.  Could have be voted on at the March 31st meeting.

• Allow for refund of certain Street Use Permits granted or issued, and waive deadline for street use permit decision-making under Madison General Ordinance Section 10.056 Not sent to any committees, no recommendation, only discussion will happen on the council floor.

Not urgent.  Could have be voted on at the March 31st meeting.

• Authorizes Departments to accept an appropriate donations to the City for response to the COVID-19 emergency without prior approval, subject to Council ratification Not sent to any committees, no recommendation, only discussion will happen on the council floor.

Not urgent.  Could have waited.

• Permitting Director Of Planning, with Alder input, to approve an extension of conditional use and demolition approvals for an additional 12 months under Madison General Ordinance Sections 28.183(9) & 28.185(9)(b) Not sent to any committees, no recommendation, only discussion will happen on the council floor.

No urgent, could have waited for council action.

• Establishing procedures to negotiate and execute emergency leases, contracts and contract amendments during the emergency situation. Not sent to any committees, no recommendation, only discussion will happen on the council floor.

None have been negotiated according to city memo number

• Waive all Street Vending License fees under MGO 9.13 for the 2020-2021 vending season, except Camp Randall High Density Vending and UW Game Day Vending licenses, and authorize refunds for fees already paid for the 2020-2021 vending season. Not sent to any committees, no recommendation, only discussion will happen on the council floor.

Not urgent.

• Authorizing the Director of the Department of Civil Rights to suspend application of any rule in the Rules of the Equal Opportunities Commission. Not sent to any committees, no recommendation, only discussion will happen on the council floor.

I still don’t understand the purpose of this one, but not urgent.

• Suspend the requirement that developers hold a pre-application presentation with the Urban Design Commission pursuant to Madison General Ordinance Section 28.098(5)(a)2. Not sent to any committees, no recommendation, only discussion will happen on the council floor.

Not urgent.

• Waive the sixty(60) day requirement in Madison General Ordinance Section 31.043(1) that mandates the Urban Design Commission make a final decision on an appeal from the Zoning Administrator under the sign code, and authorize the Secretary of the Urban Design Commission to refer or defer sign code matters that must be reviewed by the Urban Design Commission under Madison General Ordinance Sections 31and 33.24, until a meeting of the Urban Design Commission can be scheduled pursuant to Madison General Ordinance Section 33.01(10) (c). Not sent to any committees, no recommendation, only discussion will happen on the council floor.

Soooo not urgent.

• Waiving the requirement to conduct an annual RFP for the Emerging Opportunities Program under MGO 3.12(11)(c) for 2020 and realloating the 2020 EOP funding to other contracts or programs.  Not sent to any committees, no recommendation, only discussion will happen on the council floor.

Not urgent, could have waited.

OTHER ORDERS

One was amending an APM (1-1) which is an executive order and she didn’t need emergency power to do.  And two of them were combined into one.

MUCH ADO ABOUT NOTHING?  OR MASSIVE UNNECESSARY/DISTRACTING POWER GRAB?

This whole thing is just bizarre.  None of these actions were urgent, it wasn’t life or death like many of the council members talked about. There were no major things that needed to happen immediately.  Many of the orders aren’t being used or there was no need for them.  This ends up just looking silly at this point.  Nothing but a distraction from dealing with the very real issues at hand.  It will be interesting to see what the council does tonight.  At this point there is no harm in approving these action.  It just wasn’t necessary.