I can’t believe these things couldn’t wait 5 days for the council to meet. The mayor is definitely doing all she can for the business community, I haven’t seen much for the average worker/renter/democracy in Madison.
Click here to read about how she declared a state of emergency, that you probably never heard about.
Here’s her emergency order issued today. Emergency Order
Let’s see who benefits from these emergency orders. Comments in pink are from me, not part of the order.
It goes without saying.
Common Council and Public Participation = 0
EMERGENCY ORDER
Whereas, on March 23, 2020, I issued an Emergency Proclamation based on the coronavirus pandemic. Under this Emergency Proclamation I am authorized to take any necessary action through ordinance amendments or city policies to mitigate the effects of the pandemic on City workers, residents of, and businesses within the City of Madison. Therefore, effective immediately, and unless noted otherwise, until sixty (60) days after the Director of Public Health Madison and Dane County and the Governor of Wisconsin determine to end the emergency actions they have taken to combat the coronavirus pandemic, I hereby Order the following:
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- The City Traffic Engineer may temporarily suspend enforcement of Madison General Ordinance Section 12.122 (Parking, Stopping, and Standing) as deemed appropriate to allow local restaurants to provide take-out food to customers through curbside pick-up.
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[City of Madison Press Release – March 22nd, one day prior to the emergency order.]
Business Community = 1
Workers, renters, residents, democracy = 1
2. Community Development Authority of the City of Madison may suspend the imposition and collection of late lease payment fees for residential and commercial tenants, in its discretion.
Business Community = 2
Workers, renters, residents, democracy = 2
3. The City will temporarily suspend the assessment and collection of late fees and penalties, to the extent not preempted by state law, for all licenses and permits issued by the City of Madison Clerk’s office under Madison General Ordinances.
Business Community = 3
Workers, renters, residents, democracy = 2
4. The City will temporarily extend the expiration date, to the extent not preempted by state law, of all licenses issued under Madison General Ordinance Section 9.02, which establishes that all City annual licenses shall expire on June 30th of each year, unless otherwise stated. The new expiration date shall be August 31, 2020.
Business Community = 4
Workers, renters, residents, democracy = 2
5. The City will temporarily suspend the enforcement of Madison General Ordinance Section 12.154(5) and suspend the collection of late payment charges for parking violations.
Business Community = 4
Workers, renters, residents, democracy = 3
6. Notwithstanding powers and authority given the Equal Opportunities Commission under Madison General Ordinance Section 39.03(10)(b)7., effective immediately and during the period of declared emergency, the Director of the Department of Civil Rights, or designee, shall have the authority to suspend the application of any rule in the Rules of the Equal Opportunities Commission after appropriate notice and after seeing the need for the suspension and putting in place an alternative that protects the rights and privileges of all parties or entities covered by the rule to be suspended.
Residents lose rights, while I trust the EOC director, I do not trust those who will be pressuring him. What purpose does this one serve?
Business Community = 5
Workers, renters, residents, democracy = 2
7. Conveyance permits issued under Madison General Ordinance Section 40.08(3) in existence or in existence through the time that the Director of Public Health Madison and Dane County and the Governor of Wisconsin determine to end the emergency actions that they have taken to combat the coronavirus pandemic shall expire one year from the date or issuance or six months from the time that emergency action ends, whichever is greater.
Business Community = 6
Workers, renters, residents, democracy = 2
8. The City will temporarily suspend the enforcement of Madison General Ordinance Section 33.56(5) to allow the Director of Transportation, Transit Manager, Traffic Engineer, and Parking Manager to take actions related to transportation issues identified in Madison General Ordinance Section 33.56(5)(a)-(c), provided that if the Transportation Commission meets during the coronavirus pandemic the Director of Transportation shall present each action taken pursuant to the authority above for ratification or rescission by the Transportation Commission.
Residents lose one, because authority is taken away from Transportation Commission.
Business Community = 6
Workers, renters, residents, democracy = 1
9. Until December 31, 2020, Public Health Madison and Dane County is authorized to reduce the fees associated with food and drink establishments, temporary food establishments, tattoo and body piercing, hotels and tourist rooming houses, campgrounds and recreational campgrounds to the 2019 rate and waive late fees and offer renewal fee deferment if not contrary to Wisconsin Department of Agriculture, Trade and Consumer Protection guidelines.
Business Community = 7
Workers, renters, residents, democracy = 1
10. The City will temporarily suspend the requirement contained in Madison General Ordinance Section 28.098(5)(a)2., that developers hold a pre-application Planned Development Concept Presentation with Urban Design Commission.
Business Community = 8
Workers, renters, residents, democracy = 1
11. Work permits issued for fire protection systems currently in existence or in existence through the time that the Director of Public Health Madison and Dane County and the Governor of Wisconsin determine to end the emergency actions that they have taken to combat the coronavirus pandemic shall expire one year from the date or issuance or six months from the time that emergency action ends, whichever is greater.
Business Community = 9
Workers, renters, residents, democracy = 1
12. The Office of Business Resources is authorized with discretion to refund banner permit fees under Madison General Ordinance Section 31.075(2)(a), to any person or organization who has not yet displayed their banner and requests to cancel their banner reservation because their event has been canceled due to COVID-19, or is canceled in the near future due to COVID-19.
Calling this one a tie. Points to each
Business Community = 10
Workers, renters, residents, democracy = 2
13. The requirement contained in Madison General Ordinance Section 4.29(4) that requires that donations to the City over $10,000 may only be accepted upon approval of the Common Council and that all donations must be appropriated by the Common Council if the gift is not otherwise accounted for in an agency’s budget is hereby waived. This waiver only applies to donations to assist the City’s response to the COVID-10 The donations are deemed appropriated for use to assist in the response to the COVID-19 crisis. The Department Head will notify the Finance Director and the Mayor of any such donations. The acceptance and appropriation of any such donations will be presented for approval via resolution at the next scheduled Common Council meeting.
Serious ethics concerns here. Loss to community
Business Community = 10
Workers, renters, residents, democracy = 1
14. The Parks Department is authorized to refund all permit fees and other associated fees under Madison General Ordinance Section 10.056 that have been pre-paid for Street Use Events if the event is cancelled due to the emergency actions.
Calling this one a tie. Points to each
Business Community = 11
Workers, renters, residents, democracy = 2
15. The deadline regarding the timeline to issue or deny street use permits imposed under Madison General Ordinance Section10.056 (5) (f) is hereby waived.
Same as above. Points to each
Business Community = 12
Workers, renters, residents, democracy = 3
16. The provision found in APM 1-1 that requires Common Council approval for the City to indemnify, defend or hold harmless another party, etc., is hereby waived if said language is approved by the City Attorney and Risk Manager and is associated with a contract that is necessary due to the coronavirus pandemic.
No points, businesses will benefit, but so will the community.
Business Community = 12
Workers, renters, residents, democracy = 3
17. Establishing procedures as outlined in the attached Resolution to expedite emergency contracts and contract amendments necessitated by the COVID-19 emergency.
If proper discretion is exercised and power not abused, no points, businesses will benefit, but so will the community.
Business Community = 12
Workers, renters, residents, democracy = 3
18. All Street Vending License fees for the 2020-2021 vending season, except for Camp Randall High Density Vending and UW Game Day licenses, required under Madison General Ordinances Section 9.13, are hereby waived, and the Office of Business Resources is authorized to issue refunds for all street vending license and late application fees already paid for the 2020-2021 vending season.
Business Community = 13
Workers, renters, residents, democracy = 3
19. Urban Design Commission’s sixty (60) day time limit to review appeals of the Zoning Administrator’s decision under the sign code is hereby waived and also allows for the Secretary of the Urban Design Commission, in consultation with the City Attorney on a case-by-case basis, to refer or defer sign code matters that must be reviewed by the Urban Design Commission until a meeting of the Urban Design Commission can be held in compliance with Madison General Ordinance Section 33.01(10)(c).
Business Community = 14
Workers, renters, residents, democracy = 3
20. The requirement contained in Madison General Ordinance Section 12(11)(c) that the Community Development Division issue an RFP for the Emerging Opportunities Program once per year is waived, and the funds allocated for the 2020 EOP program may be reallocated to other contracts or programs to mitigate the effects of the COVID-19 emergency, in the discretion of the COD Director, with notice to the Common Council.
The mayor should just use contingent reserve funds for what is needed here, no need to rob the program that supports grassroots start of projects in primarily black and brown communities. Funding that is needed should be provided.
Business Community = 14
Workers, renters, residents, democracy = 2
21. The City will temporarily suspend the enforcement of Madison General Ordinance Sections 28.183(9)(b) and 28.185(9)(b) to allow the Director of Planning and Community and Economic Development, after consultation with the Alderperson of the District, to approve an extension of conditional use and demolition approvals for up to thirty-six (36) months from the expiration date. This will allow developers an additional 12 months beyond what is currently allowed under the ordinance.
Business Community = 15
Workers, renters, residents, democracy = 2
22. City staff are authorized to execute leases, licenses, space use agreements or her form of real estate document for possession of buildings and property suitable to the needs for quarantining employees of the Madison Police Department and Fire Department who are symptomatic for COVID -19, or otherwise test positive for COVID -19 as a result of the performance of their duties.
This seems like what needs to be done.
Business Community = 15
Workers, renters, residents, democracy = 3
23. The Finance Director is authorized to approve intradepartmental transfers of unencumbered balances of up to $50,000 from the Operating Budget and up to $250,000 from the Capital Budget.
Loss to democracy, the council should at least get a report on these, and I don’t see why the council can’t meet more often to approve these matters.
Business Community = 15
Workers, renters, residents, democracy = 3
Where these Orders affect a legislative enactment they will be presented for introduction to the Common Council on March 31st.
March 26, 2020
Satya Rhodes-Conway, Mayor
