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CCR2009047-Wage COMMON COUNCIL – CITY OF MUSKEGO RESOLUTION #047–2009 RESOLUTION OPPOSING PROPOSED CHANGES TO PREVAILING WAGE LAW WHEREAS, Governor Doyle’s proposed biennial state budget, AB 75, makes the prevailing wage law applicable to any public works contract over $2,000; and WHEREAS, Under current law the prevailing wage requirements only apply to multiple trade public works projects over $234,000 and single trade public works projects over $48,000; and WHEREAS, Reducing the threshold to $2,000 will increase the cost of small public works projects previously exempted from the prevailing wage requirement; and WHEREAS, The cost increase will be passed on to municipal property taxpayers or will force municipalities to reduce other services; and WHEREAS, The Governor’s proposed state budget, also for the first time, makes the prevailing wage law applicable to private projects that receive public financing; and WHEREAS, Many of the tools communities use to encourage development within a tax incremental financing district would be considered under the Governor’s proposal to be public financing of a private project and would, therefore, make private construction projects within TIF districts subject to the prevailing wage law, thereby significantly increasing the developer’s project costs; and WHEREAS, The Wisconsin Statutes and decisions of the Wisconsin Supreme Court have allowed Municipalities to require Developers of private Development to contract at their cost certain public infrastructure such as roads, sanitary sewer and municipal water improvements and such law has been in effect for over 50 years; and WHEREAS, Applying the prevailing wage law to private projects receiving public financing will be a major disincentive to economic development and job creation; and WHEREAS, The Department of Workforce Development has interpreted the law to require a prevailing wage rate determination when the Development Agreement for a subdivision or commercial development requires the developer to construct sewer and water mains and the streets, thus adding to the developer’s project costs and increasing the cost of home and business ownership, which interpretation is contrary to existing law. Common Council Resolution #047-2009 Page 2 NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego opposes the changes to the prevailing wage law included in Governor Doyle’s state budget proposal, AB 75, and hereby urges the Wisconsin State Legislature to remove these items from the budget bill, and that legislation be introduced to prevent DWD from requiring municipalities to obtain prevailing wage determinations when developers are required to construct streets and utilities as part of a residential subdivision or private commercial development. TH DATED THIS ___14 ______ DAY OF _____APRIL________, 2009 SPONSORED BY: CITY OF MUSKEGO COMMON COUNCIL Mayor John Johnson Ald. Tracy Snead Ald. Dan Pavelko Ald. Neil Borgman Ald. Keith Werner Ald. Bill Schneider Ald. Tina Schaefer Ald. Noah Fiedler This is to certify that this is a true and accurate copy of Resolution #047-2009 which was adopted by the Common Council of the City of Muskego. _________________________________ Clerk-Treasurer 3/09mep