Emergency Orders: the Mayor Explains – Part 1

Actually, the City Attorney’s office explains in 51 pages of “Emergency Resolution Memos”.  I read all 51 pages so you don’t have to, here’s the summary!  And Konkel’s got questions!

Email from Assistant City Attorney Marci Paulsen says the following:

Alders – attached are several memos providing further explanation on several resolutions that were introduced in response to the Emergency Proclamation.  These resolutions will be on the April 21^st  Common Council agenda.

MEMO #1 – Department of Transportation Action Resolution (Legistar File # 60121)

Written by Assistant Attorney John Strange, pages 1-7

The order:

In her updated Emergency Order dated March 26, 2020, the Mayor temporarily
suspended the enforcement of M.G.O. § 33.56(5) to allow the Department of
Transportation (“DOT”) to take action on items that normally must first go to the
Transportation Commission. The purpose of this memorandum is to provide background
for that Order, provide examples of actions DOT has already taken pursuant to that
Order, and, to the extent possible at this point, identify the fiscal impact of those actions.

Emergency Order Number 8 temporarily suspends the requirement that the DOT
take these items to the Transportation Commission prior to making a decision:

“The City will temporarily suspend the enforcement of Madison General 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.”

Background:

• By ordinance, Department of Transportation, is responsible for “managing, operating, controlling, and maintaining the city’s transportation system, which consists of…bicycles; bus, truck and rail freight, and motor vehicle traffic; parking; pedestrians; street, curb and right-of-way use;…[and] transit.”
• By ordinance, the Director of Transportation is responsible for managing and directing the DOT, and ensuring that the city’s transportation system operates in a manner that is
  “safe, efficient, affordable, and equitable for all its users.”
• By ordinance Director of Transportation supervises the Traffic Engineering, Metro Transit and Parking divisions of the DOT.
• DOT can take actions necessary to manage, operate, control and maintain the city’s transportation system, including those related to traffic engineering, Metro Transit, and Parking.
• However, the DOT’s authority is limited because decisions related to the following items must first be approved by the Transportation Commission:

(a) Transit .

1. Transit service standards;
2. Transit fares;
3. Transit route additions, extensions or contractions;
4. Transit changes in schedules and hours of service;
5. Rules necessary to ensure safety for bus passengers;
6. Regional transit contracts (services and pass programs);
7. Bus routes and stops;
8. Charter service, taxis, limousines, courtesy cars, hotel buses, jitney services hire-and- drive service, ride-sharing, car-sharing, transportation network companies,subscription bus service, park and ride facilities, and any other issues pertaining to the operation of the City’s transit and services;
9. Transit for people with disabilities;…

(b) Parking .

1. Off-street parking rates;
2. Provide recommendations to the Common Council regarding on-street parking rates.
3. Rules necessary to ensure safe and proper operation of parking facilities;
4. Revenue collection technology and systems;…

(c) Pedestrian, Bicycle, and Motor Vehicle .

1. Pedestrian and bicycle safety, enforcement, and facility maintenance programs;
2. School crossings;
3. Safety programs and projects;
4. Traffic signals;
5. Crossing guard assignments;
6. Traffic calming;
7. Provide recommendations to the Board of Public Works regarding right-of-way use
and geometric design on arterial and collector street projects;
8. Development Review…”

Transportation Commission ratification:

Thus, this Order will allow the DOT to take action on the above items without first
going to the Transportation Commission during the pandemic, provided that any actions
are ratified by the Transportation Commission when it is able to meet. If the
Transportation Commission were to rescind an action taken by the DOT pursuant to the
Order, the Mayor, any alderperson, or any member of the Transportation Commission
could appeal the Transportation Commission decision to the full Common Council as usual.

Why is this order necessary?

• In order to manage, operate, and control the city’s transportation system during
  the health emergency in a manner that is safe, efficient, and equitable the Director of
  Transportation may need to take immediate action on some of the items listed above
  before the Transportation Commission is able to meet.
• Will allow the DOT to be more nimble in the face of the emergency and ensure the safety of residents using the city’s transportation system.
• Actions would otherwise have had to wait until at least April 15, 2020 for the Transportation Commission to meet.

Deemed an essential committee:

Finally, this Order comes with an important caveat – that any decisions made
pursuant to it must subsequently be ratified by the Transportation Commission. Since
the Transportation Commission has been deemed an essential committee, any decision made pursuant to this Order will likely be reviewed by the Transportation Commission within one month of the decision being made, if not sooner.

Actions Taken:

• Reduced Metro Transit service to Saturday plus commuter routes.
• Instituted rear door entry and exit for safety of the operator, 6-foot spacing within the coach for safety of passengers, and set a 15-person maximum passenger bus occupancy to ensure passengers can keep a safe distance from each
  other.
• Suspended collecting fares on fixed route and paratransit service in order to have rear door entry and exit and ensure operator need not handle fare media.
• Operating Metro Transit as Charter Service as allowed by the Federal Transportation Administration during declarations of emergency to transport clients from the Beacon to shelter.
• Suspended on-street parking rates. This waiver covers therequirement that the TC provide a recommendation to the CC on this issue. The suspension of parking rates, itself, was done pursuant to a separate Order and that Order and the fiscal impact associated with it will be addressed in a separate Memorandum.

Fiscal Impact:

• The Resolution related to this Order indicates no fiscal impact because the legislation itself does not specify the actions DOT may need to take during the emergency. With each action, the Director of Transportation will be able to provide a better estimate of the fiscal impact and will need to review this impact with the Transportation Commission when it meets.
• Metro Transit receives approximately one million ($1,000,000) in fare box revenue each month. As a result of the COVID-19 emergency and Governor’s Safer-At-Home Order, Metro Transit would likely have experienced a significant drop off in this revenue regardless of any action to suspend the collection of fares. Thus, for purposes of action taken pursuant to this Order, DOT’s fiscal impacts will focus on the impact of the DOT action, not the health emergency as a whole. DOT will separately track and report those cumulative impacts.
• Reduced Metro Transit service to Saturday plus commuter routes.
  • FISCAL IMPACT: None. Operators not serving routes are being reassigned to other tasks such as bus cleaning.
• 33.56 (5) (a) 5. Instituted rear door entry and exit for safety of the operator,6-foot spacing within the coach for safety of passengers,and set a 15-person maximum passenger bus occupancy to ensure passengers can keep a safe distance from eachother.
  • FISCAL IMPACT: None. Current demand is able to keep occupancy less than 15 passengers per bus with a couple of relief buses.
• 33.56 (5) (a) 2. Suspended collecting fares on fixed route and paratransit service in order to have rear door entry and exit and ensure operator need not handle fare media.
  • FISCAL IMPACT: For fixed route service, about $100,000 per month for every month Metro Transit suspends the collection of fares. For paratransit service, about $30,000
    per month for every month Metro Transit suspends the collection of fares.
• 33.56 (5) (a) 8. Operating as Charter Service as allowed by the Federal Transportation Administration during declarations of emergency to transport clients from the Beacon to shelter.
  • FISCAL IMPACT: About $70,000 per month for every month this service is provided.
• The Fiscal Impacts of other decisions taken pursuant to this Order, such as those related to parking involving additional ordinance waivers in Chapter 12, Madison General Ordinances, are covered by separate memoranda.

Konkel’s Got Questions!

The last time the Transportation Commission met was 3/11. No minutes available.  Video here. There was a press conference about the coronavirus on the 11th.  The health emergency was declared by the Governor on the 12th. The council discussed the cancellation of the Boards Committees and Commissions on 3/17, sadly they agreed to the Mayor’s plan to cancel meetings.  However, the Mayor’s orders weren’t issued until 3/23.  And the Transportation Commission meeting on 3/25 was cancelled, by the Mayor and Council President, even tho they are now saying this is “deemed an essential committee”.

1. Why couldn’t the Transportation Commission meet two days later and ratify the decisions in the mayor’s 3/23 orders?

2. And why are the meetings cancelled for 4/29 (has an agenda but the meeting is cancelled), 5/13 and 5/27 in legistar?

3. Will the committee be meeting to ratify there decisions?

4. When?

Memo #2 – Resolution Authorizing the Execution of Real Estate Document for the Occupancy of Buildings for the Purpose of Quarantine (Legistar File #
60107)

Written by Assistant City Attorney Kevin Ramakrishna, pages 8 & 9

The order:

In her updated Emergency Order dated March 26, 2020, the Common Council authorized the Mayor to execute real estate documents necessary to possess property for the purpose of quarantining police officers, firefighters, and homeless persons, but also provides wide latitude to enter into real estate contracts in the event the City needs space to quarantine others who are symptomatic or test positive for COVID-19

Background:

Generally, real estate contracts require separate Common Council approval for each project, which can take up to six weeks to approve. Under the circumstances, the time to receive that approval is too long. As an example, homeless persons were already being quarantined at a hotel used by the Salvation Army prior to the Emergency Declaration.

Additionally, Emergency Order 22 allows the City to work with Dane County and other entities in order to combine efforts and budgets to provide security at these sites, and provide food for those who cannot leave the properties.

Why this is necessary:

• The Fire Department and Police Department, understanding that officers and firefighters would be in contact with people who would be contagious with COVID-19, determined that it would be best to quarantine any individuals within the departments who are symptomatic or are positive for COVID-19 to be away from their families in order to limit the spread of the virus.
• The same logic applies to homeless persons who are frequently staying in cramped shelters which are conducive to viral spread.
• In any case, the need to find space for quarantining those who may be contagious is of
  paramount importance. Emergency Order 22 allows the City to move quickly and take advantage of available real estate to isolate potentially contagious individuals as quickly as possible.

Actions taken:

• At this time, the City has entered into one Space Use Agreement for a vacant hotel on John Nolen Drive. Please be aware that the terms of that Space Use Agreement prevent the City from associating is trademarks, like the hotel name, with this project. No one is currently isolated there. For now, the building is secured by JBM Security. When someone does go into quarantine, Blue Plate Catering will provide food.
• The City has also been working with Dane County and the Salvation Army in order to quarantine homeless individuals. The City began negotiations for seventy (70) rooms at a local hotel, but the County has taken that project over.
• Staff is currently negotiating for another property pursuant to this order.

Fiscal Impact:

Currently, the City has committed $70,000 as a guaranty to hold the first hotel property. This amount will double if anyone is quarantined before April 15. For every additional month of use, the City will pay $139,000. Additionally, the City will have to replace used sheets and towels at a set price of $110 per set.

Konkel’s Got Questions!

The homeless example above – the contract was signed by the county, not the city.  They are providing the money for the hotels.

1. What does this have to do with the city?

The first emergency declaration was signed on March 11th, the homeless shelter for men didn’t open until the 30th.  The delay had nothing to do with signing a contract.

2. Why is social distancing for homeless persons now an issue when it took so long to act – even with all these extraordinary powers?

3. Can’t the contract be submitted under suspension of the rules at the council meeting?  The council met on the 17th and 31st and has expressed interest in meeting more often. Additionally, Finance Committee already allows items on its agenda not referred by the council.  In an emergency is doesn’t have to to take 6 weeks, the council could have emergency meetings.

4. What is the other property being negotiated for?

5. If no one is staying in the hotel, coulldn’t it be used to reduce the number of homeless people staying at Warner Park, as long as we’re already paying for the hotel?

Memo #3 – Order No. 19: A Resolution to waive the sixty (60) day requirement in MGO Sec. 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 to authorize the Secretary of the UDC to refer or defer sign code matters that must be reviewed by the UDC under MGO Ch. 31 and Sec. 33.24, until a meeting of the UDC can be scheduled. (Legistar File # 60123.)

Written by Lara Mainella, pages 10 & 11

The order:

Background:

None provided

Why this is necessary:

• UDC is required to make a final decision on appeals from Zoning Administrator’s decisions within 60 days of the date of appeal.
• UDC is required to review on many different types of sign permit applications. The City must act on sign permits promptly under principals of constitutional law that protect speech, including commercial speech.
• The limitation on board, commission and committee meetings under recently-adopted
  Sec. 33.01(10)(c) makes it difficult for the UDC to meet these deadlines.
• This resolution provides authority to UDC staff, and the UDC to waive time limits on a case-by-case basis when the City Attorney determines it won’t present a constitutional legal problem.

How this order will be implemented:

Decisions will be delayed on an as-needed basis, if applicable appeal or sign permit application comes in while the order is in effect and while BCC meetings are still not being held. Zoning staff will consult with UDC Secretary to find out when the next meeting will be held (if any) and notify applicants of any delay.

Actions taken:

This emergency order requires consultation with the City Attorney’s office for any delay.
The City Attorney’s office has given Zoning and UDC staff blanket authority to delay any
sign appeals or applications requiring UDC review until the next scheduled UDC meeting.

Fiscal Impact:

None

Konkel’s Got Questions!

This makes ZERO cents.  First they say the decisions will be made on a case by case basis, then they say they have blanket authority to delay.

1. Are decisions being made on a case by case basis, or is there blanket approval to delay?

2. Is the City willing to go to court and defend denying constitutional rights because our committees couldn’t manage to meet when everyone else is doing it?

3. What actions have been taken?  Why aren’t they listed?

Memo #4 – Order No. 6: Resolution to allow the Director of the Department of Civil rights to suspend any rule in the Rules of the Equal Opportunities Commission to allow for flexibility in service requirements or response deadlines. (Legistar File # 60120)

Written by Assistant City Attorney Adriana Peguero, pages 12 & 13

The order:

Background:

The Rules of the Equal Opportunities Commission outline the service requirements and deadlines for Complainants and Respondents subject to a complaint and investigation under M.G.O. § 39.03, the Equal Opportunities Ordinance. COVID-19 has caused unprecedented disruption in lives of both City Staff and the citizens of Madison. Because of these disruptions, Complainants or Respondents may feel the need to request extensions to have more time to comply with the requirements outlined in the Rules.

Why this is necessary:

This order is necessary to protect the rights of Complainants and Respondents that are party to a complaint under M.G.O. § 39.03 and ensures that the disruption caused by this pandemic does not deprive them of their rights under the Ordinance.

Actions taken:

So far, no actions have been taken pursuant to this order. However, current EOD Complainants and Respondents could benefit from this order should they need more time to comply with the rules due to issues caused by the COVID-19 pandemic.

Fiscal Impact:

No fiscal impact is anticipated.

Konkel’s Got Questions!

1. Why not suspend the rules for the complainants, but not the defendants?  That would be equity.
2. Does this extend the deadline to file for complainants which is currently limited to filing within 300 days of the incident?  Will this ruling extend the days required to file the complaint by the number of days we are under this stay at home order?
3. How does “appropriate notice” get given?  To whom?  How will we know which rules are suspended and which ones are not?
4. If the deadline to file was extended beyond the stay at home order, would that order continue beyond the June 2 when the emergency order powers end?

Memo #5 – Order No. 12: Resolution authorizing the Office of Business Resources the discretion to refund banner permit fees under Madison General Ordinance Section 31.075(2)(a) (Legistar File # 60112.)

Written by Lara Mainella, pages 14 & 15

The order:

Background:

• The Office of Business Resources administers a banner program where organizations can display a banner promoting cultural events, charity campaigns, and neighborhood sponsored activities on two pedestrian overpasses controlled by the City.
• Most such community events in the near future are canceled due to COVID-19. OBR believes the cancellation of these events is causing significant revenue loss for these organizations. These organizations support some of our most vulnerable community members and could benefit from receiving a $200 refund for a banner they will not be posting.
• Emergency Order Number 12 allows OBR the discretion to refund permit holders and put funds back in their organization.

Why this is necessary:

• The planning and scheduling of banner permits began in January and is currently well underway. Since early March, events have been cancelled or postponed with no end in sight.
• Organizations that have already paid for and been issued their permit but no longer have events to promote. OBR stresses the importance of beginning this process now for those whose events are canceled and did not display their banner.
• The order provides staff discretion, and staff intends to provide a choice to organizations that have not displayed their banner yet.

Actions taken:

• At this time, staff have created a timeline and implementation plan for refunding banner
  permit fees ($200 each to permittees whose event is cancelled. Refunding permit fees
  through the City is a multi-step process.
• On 4/6/20 staff will submit requests to refund the fee for to any person or organization who has not displayed their banner and requests to cancel their reservation because their event has been canceled due to COVID-19, or believe it will canceled in the future due to COVID-19.
• Banners already displayed will not be eligible for a refund.

Fiscal Impact:

• The estimated loss in revenue by refunding the fees for March and April of 2020 is
  approximately $2,200.
• Refunding or not charging banner permit fees for the remainder of 2020 would result in approximately $6,600 in lost revenue.
• A budget amendment is not proposed at this time.

Konkel’s Got Questions!

1. Why leave discretion, why not return all funds?

Memo #6 – Order Nos. 14 and 15: A resolution to 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 (Legistar File # 60113)

Written by Lara Mainella, pages 16 & 17

The order:

Background:

• Special events to be held on a City street or sidewalk require a Street Use Permit under
  MGO 10.056.
• Permits include application fees and a variety of other fees, some of which are pre-paid.
• Ordinance is silent as to the ability to refund such fees.
• Street Use Permits can only be approved by the Street Use Staff Commission, a body made up of City Staff that conducts business under the open meetings laws.
• Decisions on street use applications must be made within 21 days.
• The SUSC is not holding regular meetings now, due to the recently adopted ordinance limiting such meetings.

Why this is necessary:

• To authorize refunds for special events that are voluntarily canceled or canceled by effect of the Governor’s Order, public health orders, or by order of the City under the authority in MGO 10.056(11)(a).
• Refunds are appropriate considering the financial hardship caused by the emergency on businesses and nonprofits who normally sponsor these events.
• To waive the 21-day deadline for decisions on pending street use permit applications, because the SUSC cannot meet during this time.

Actions taken:

• Refunds for 16 street use events in the amount of $2,100
• Advised event organizers submitting street use event applications for later in 2020, that pre-paid event fees and charges will be refunded if the event is cancelled due to the COVID-19 virus.
• The Parks Division is currently holding 6 pending street use permit applications that
  require review and action by the Street Use Staff Commission.

Fiscal Impact:

• Fiscal note: Street Use permit fees collected as of March 26, 2020 for the period of January through May 2020 total $5,700.
• To date $2,100 has been refunded, with additional potential refunds of $3,050. No additional permits are being issued for April 2020.
• There is no fiscal impact from waiving the deadline regarding the timeline to issue or
  deny street use permits.
• A budget amendment is not proposed at this time.
• The Finance Department is closely monitoring the 2020 budget and subsequent budget amendment resolutions to fully fund the response efforts are anticipated in the future.
• The following portion of the fiscal note does not relate to refunds. The figures below include some, but not all, fees collected for 2019 Street Use events, some of which are collected after the fact for services rendered. The portion of such fees for services rendered would not be collected and thus not subject to refund, if events are cancelled:
• In 2019, Street Use permit fees [including fees for services rendered] for the months of
  May – December ranged from $49,843 in June to $500 in December for a total of
  $178,533.
• The average monthly amount for the period of May through August was $37,000.

Konkel’s Got Questions!

1. Why can’t this committee meet?

2. Shouldn’t they be suspending the deadlines for these applications and not requiring people to submit 60 days in advance for events that may or may not take place in June, July or August?

3.  Why force collection of the money, if they require the applicaitons, why not process them and then if the event moves forward, require payment at time of approval and before the permits are issued?

Memo #7 – Resolution Suspending CDA Late Lease Payment Fees (Legistar File No. 60085)

Written by Assistant City Attorney Brittany Wilson, pages 19 & 20

The order:

In her Emergency Order dated March 26, 2020, the Mayor affirmed the Community Development Authority’s suspension of the imposition and collection of late lease payment fees for residential and commercial tenants. The purpose of this memorandum is to provide background for that Order, provide examples of actions the CDA has taken in conformity with that Order, and, to the extent possible, identify the fiscal impact of those actions.

Background:

• If a resident fails to make payment in full by the end of office hours on the fifth day of the month, a late fee of $25.00 will be charged.
• Many Wisconsin residents are now unemployed or face reduced work hours as a result. The consequential income losses hinder tenants’ abilities to make rent payments.
• On March 27, 2020, the day after the Mayor’s Emergency Order, the United States
  Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
  The CARES Act includes a temporary moratorium of 120 days for “fees, penalties, or
  other charges to the tenant related to such nonpayment of rent” for a dwelling in a
  “covered property.”  A “covered property” includes a property, among others, that participates in a “covered housing program” as defined by the Violence Against Women Act (VAWA). VAWA-covered housing programs include
  • public housing
  • the Section 8 Housing Choice Voucher program
  • Section 8 project-based housing
• The same day as the passage of the CARES Act, the Governor of Wisconsin
  issued Emergency Order Number 15, which placed a temporary ban on evictions for
  failure to pay rent.

Why this is necessary:

• in order to relieve the financial burden on its tenants during this difficult financial time.
• In addition, the Order complies with the CARES Act,
  which the CDA must now follow, by suspending the imposition of any fees or penalties
  related to nonpayment of rent for tenants of the housing authority.

Actions taken:

• Beginning with the month of April, City Finance and CDA Property Managers will not apply late fees for past due rent payments.
• Since rent payments are not considered late until payments are made after the end of the business day on April 5th, City Finance and CDA Property Managers have not yet had an opportunity to suspend the imposition of late fees for tenants of the housing authority.
• CDA Deputy Director has instructed CDA Property Managers and City Finance staff not to charge late fees, when applicable.
• CDA Deputy Director will present a resolution to the CDA Board of Commissioners (tonight) to authorize the suspension of late lease payment fees for residential
  tenants. The resolution authorizes the suspension effective March 27, 2020 for a period
  of 120 days, pursuant to the CARES Act.

Fiscal Impact:

https://madison.legistar.com/View.ashx?M=A&ID=743426&GUID=FF0DA4C8-7AD3-4CEB-8D36-4EFD08C1B691

Konkel’s Got Questions!

1. The CDA is notoriously famous for taking a long time to adjust rents.  Rents are based on a person’s income.  Until the rents are adjusted, the renters are required to pay the amount based on their previous income.  Why not create an express system where rents can be quickly reduced and reduce the stress for the residents of CDA housing and those in the Section 8 program?

2. When evictions resume, how will the CDA make sure landlords are getting paid the right amount based on the tenant’s new income to avoid unnecessary eviction filings?

3. The CDA is an independent quasi-judicial committee.  Is this the City Council’s or now Mayor’s authority or the CDA’s authority?

4. Why start in April, why not include March?

5.  If this is already required by federal law, why does the city have to take action?

6. Why is the late fee the same for someone paying $75 a month as it is for someone paying $600 a month?

7.  Why is the CDA collecting $11,000 a month in late fees from a very poor and vulnerable population?

8.  What equity principles are being applied here?  If the CDA needs $11,000 a month, why doesn’t the city just supplement the CDA operations fund instead of charging people with little or no income?

Memo #8 – Resolution Suspending Late Fees for Parking Violations (Legistar File No. 60087)

Written by Assistant Attorney Brittany Wilson, pages 20 & 21

The order:

In her Emergency Order dated March 26, 2020, the Mayor temporarily suspended enforcement of M.G.O. § 12.154(5), which requires the collection of late payment charges for parking violations. The purpose of this memorandum is to provide background for that Order, provide examples of actions Court Services has taken pursuant to that Order, and, to the extent possible, identify the fiscal impact of those actions.

Background:

• If a parking ticket is not paid within fourteen days from the date of violation, the City “shall” impose an administrative charge of $10 in addition to the original cost of the ticket.
• If the parking ticket remains unpaid twenty-five days from the date of the violation, the City “shall” again impose an administrative charge of $10 to the total cost of the ticket (including the prior $10 charge).
• Madison Police Department Court Services provides notice of the imposition of these administrative charges to vehicle owners by mail.
• Should the parking ticket remain unpaid thirty-eight days from the date of violation,
  Court Services then notifies the Department of Transportation (“DOT”) that a parking ticket remains unpaid and requests that the DOT suspend the registration of the vehicle involved in the violation and refuse registration of any new vehicles owned
  by the same owner of the vehicle in violation.
• The City imposes a third administrative charge of $10, to further cover the cost of using the traffic violation and registration program.  Court Services notifies the vehicle owner of the additional administrative charge by mail.
• The Mayor’s Emergency Order Number 5 temporarily suspends the imposition of each of the aforementioned administrative charges and the corresponding use of the DOT traffic violation and registration program.
• On March 24, 2020, the Governor of Wisconsin issued Emergency Order Number12, which requires Nonessential Businesses to close. Many Wisconsin residents are now unemployed or face reduced work hours as a result. The consequential income losses hinder City residents’ ability to conduct their routine financial affairs, including paying for administrative charges on overdue parking tickets.

Why this is necessary:

The Mayor’s Emergency Order Number 5 relieves the financial burden on City residents during this difficult financial time. Individuals with limited financial resources must prioritize their funds for basic life necessities such as food and housing to avoid further hardship.

Actions taken:

Effective April 1, 2020, MPD Court Services has suspended the imposition of all administrative charges for all unpaid parking violations. In turn, Court Services has suspended its use of the DOT traffic violation and registration program.

Fiscal Impact:

• Travel has been profoundly impacted, rendering it difficult to estimate the fiscal impact of Mayor’s Emergency Order Number 5.
• Traffic engineering data depicts that traffic volume has dropped by approximately fifty-five percent compared to the usual rate for this time of year. Less traffic results in fewer parking violations and, consequently, fewer overdue parking tickets.
• In addition, even assuming that the imposition of administrative charges for overdue parking tickets remained constant during this time, current reductions in parking enforcement would result in reduced revenue from administrative charges on overdue parking tickets.
• In light of the foregoing considerations, the estimated fiscal impact, per month, is
  $87,000.
• This figure reflects the monthly average of administrative charge revenue on overdue parking tickets from April through August of 2019.
• During that time period, administrative charge notices ranged from 5,900 to 17,200 and revenue ranged from $59,000 to $172,000.

Konkel’s Got Questions!

1. Why did it take until April 1 to suspend these fees?  Why not March 23rd or earlier like many of the other orders that took place before the mayor’s official proclamation?

2. What equity principles might this invoke for future policies?  People are poor 24/7 365.  Why are these fees only lifted when more people (typically middle class people) are impacted?

3. People with low incomes are many of the people still being forced to work.  Who is this really benefitting?

Memo #9 – Resolution Suspending Parking Regulations under M.G.O. 12.122 (Legistar File No. 60139)

SUBSTITUTE MEMO – Memorandum on Resolution 60139 (Substitute)

Written by Assistant Attorney Brittany Wilson, pages 22 – 25

The order:

In her Emergency Order dated March 26, 2020, the Mayor temporarily suspended the enforcement of M.G.O. § 12.122, which requires Chapter 12 restrictions on parking, stopping, or leaving a vehicle standing to apply at all times subject only to a few enumerated exceptions. The purpose of this memorandum is to provide background for that Order, provide examples of actions the Parking Division has taken pursuant to that Order, and, to the extent possible, identify the fiscal impact of those actions.

Background:

• Parking restrictions “shall” apply at all times when indicated by official signs, subject only to less restrictive time limitations set forth within city ordinance or state statute.
• State law outlines exceptions to the prohibitions on stopping or leaving a vehicle standing when, broadly speaking:
  (1) a vehicle becomes disabled while on a highway,
  (2) the stopping of a vehicle is necessary to avoid conflict with other traffic, or is necessary to comply with traffic regulations, a traffic officer, or a traffic sign/signal,
  (3) the vehicle is a public utility, a telecommunications carrier, or a rural electric cooperative, and
  (4) vehicles are used by a physically disabled person bearing special registration plates or a special identification card.
• Mayor’s Emergency Order Number 1 temporarily allows the City Traffic Engineer to suspend enforcement of the parking, stopping, and/or standing restrictions outlined in city ordiannce provided the City Traffic Engineer deems it appropriate to do so.
• The exceptions set forth in Wisconsin law would continue to apply under the Mayor’s Emergency Order Number 1 as well.
• Parking in state capitol areas is not the subject of the Mayor’s Emergency Order Number 1.
• Many of the current parking restrictions on parking, stopping and/or standingapply in areas adjacent to local restaurants and grocery stores. In particular, on-streetmeter restrictions, “No Parking” restrictions, and “No Stopping, Standing, or Parking” restrictions are located next to these establishments.
• On March 24, 2020, the Governor of Wisconsin issued Emergency Order Number 12, which allowed grocery stores to remain open provided the stores followed Social Distancing Requirements and restaurants to remain open provided they conducted only pickup and delivery services.
• Strictly enforcing all Chapter 12 restrictions thereby inhibits the ability of affected grocery stores and restaurants to provide pickup services to patrons in compliance with the Order.
• Patrons may avoid an establishment due to limited parking or a concern for parking tickets if noncompliant.
• In addition, the following provisions within Chapter 12 set forth parking rates orf ees that “shall” be charged in a variety of circumstances:

(1) M.G.O. 12.145(3)(a)-(e) (on-street metered parking rates), and
(2) M.G.O. 12.1425(3)(b)1.-3. (meter hood fees).

• Mayor’s Emergency Order Number 1 temporarily allows the City Traffic Engineer to
  suspend imposition of these rates and permit fees, provided the City Traffic Engineer
  deems it appropriate to do so.

Why this is necessary:

• The Mayor’s Emergency Order Number 1 serves to help the local economy.
• Restaurants have been forced to close all dine-in areas in their establishments resulting in financial hardship for these businesses and their staff.
• Carry-out services remain the only revenue stream for restaurants.
• The mandate to remain home has led to increased demand for pickup services from grocery stores.
• Beginning on March 22, 2020, the Parking Division has assisted local restaurants
  by issuing temporary loading zone parking restrictions adjacent to the affected
  businesses.
• This has provided restaurant patrons with short-term parking in front of the
  affected businesses for pickup services.
• Affected businesses can acquire a temporary loading zone by request only. The Parking Division and Traffic Engineering departments then review the needs of the affected businesses. Once these departments approve a request, parking field staff post temporary signage or a meter hood (at applicable on-street metered spaces) to create the loading zone areas. The departments then forward the locations and time frames for the temporary suspensions to the parking enforcement team. Parking enforcement then enforces the loading zones to ensure turnover in the available parking spaces.
• To date, the City has not assessed a fee to the affected businesses for the creation of these temporary loading zones.
• While the City Departments’ efforts have been worthwhile, many restaurants located adjacent to parking, stopping, and/or standing restrictions have not requested atemporary loading zone.
• Even if all applicable restaurants and grocery stores did so, there are limited staff resources to temporarily change all parking signage for this purpose.
• It is more efficient and effective to issue press releases, post on City websites, and have the affected businesses convey to the public the changes in parking enforcement.
• Provides relief to individual members of the public who may bear a financial burden during this difficult time.
• Many individuals are now unemployed or working limited hours. Suspending additional parking fees and rates reduces customers’ expenses who frequent the affected businesses.
• Alleviating parking restrictions allows service workers in the affected businesses to access their jobs when needed.

Actions taken:

• On April 2, 2020, the Parking Division issued a press release informing the public
  that, among other parking restrictions, “[a]ll on-street meters, . . . are temporarily
  suspended through Sunday, April 26th, unless otherwise noticed.” The Parking Division
  selected April 26th as the expiration date of the press release to allow for the issuance of a subsequent press release, as appropriate, following the Common Council meeting on April 21, 2020.
• In conjunction with the authority granted by the Mayor’s Emergency Order in
  numbered paragraph 8 (See Resolution, Legistar File No. 60121), suspending
  enforcement of M.G.O. § 33.56(5), the Parking Division has also suspended related
  parking fees for on-street metered areas or meter hoods.

Fiscal Impact:

• Travel has been profoundly impacted travel, rendering it difficult to estimate the fiscal impact of Mayor’s Emergency Order Number 1.
• Traffic engineering data depicts that traffic volume has dropped by approximately fifty-five percent compared to the usual rate for this time of year.
• The figures that follow are based on regular demand in prior years.
• Even assuming that parking regulations, fees and rates, and enforcement remained constant during this time, there would be a significant reduction in revenue attributed to the coronavirus pandemic, estimated to be more than a fifty percent loss.
• In light of the foregoing considerations, the estimated fiscal impact, per month, is
  as follows:
  • (1) Parking Division Rates & Fees:
    • a. On-Street Meter Rate Revenue = $200,000 (based on a three-year monthly average), of which approximately $70,000 is due to the decision to suspend meter fees and approximately $130,000 is due to reduced demand associated with the crisis.
    • b. Meter Hood Fee Revenue = $26,000 (based on a three-year monthly average), all of which is due to the decision to suspend meter hood fees.
  • (2) Parking Enforcement Ticket Revenue:
    • a. Expired Meter 2 and Overtime Tickets3 = $78,000 (based on the monthly average of $393,445 for April through August, 2019), of which approximately $26,000 is due to the decision to suspend meter fees and enforcement and about $52,000 is due to reduced demand associated with the crisis.
• Therefore, the total estimated fiscal impact, per month, is a revenue loss of $304,000
• Of this $122,000 is due to the decision to suspend meter fees, meter hood fees, and enforcement, and the remaining $182,000 is due to reduced demand associated with the crisis.

Konkel’s Got Questions!

1. Under what authority did they start enacting emergency orders on the 22nd when the order wasn’t issued until the 23rd?

2. If restaurants are not requesting this, why was it done?

3. What grocery stores would this impact since most are surrounded by a sea of parking?

4. In the actions taken section, actions started on March 22nd, aren’t there actions missing?

5. Why not lift all the other types of parking tickets that people can get – why did it take so long to do the clean streets tickets and why not lift the 2-hour parking restrictions downtown?

More tomorrow . . .