Milwaukee Journal Sentinel

Constructi­on isn’t stopping for virus

Developers call work on malls, Starbucks ‘essential’

- Tom Daykin

With a statewide order taking effect Wednesday that shuts down many businesses, dozens of Milwaukee-area commercial constructi­on projects were still proceeding.

The developers of those projects consider them to be “essential” — citing the order’s language to continue working.

Constructi­on firms say they’re taking precaution­s to help prevent the spread of the coronaviru­s pandemic.

But a spokeswoma­n for Gov. Tony Evers, whose administra­tion issued the order, cautioned against an overly broad interpreta­tion of what is an essential constructi­on project.

“We do not encourage anyone to try to find loopholes or ways around this order,” said Deputy Chief of Staff Melissa Baldauff.

“People who are unsure should err on the side of staying home,” Baldauff said. “We all need to do our part, and that means taking this seriously and making safe decisions.”

Journal Sentinel checks of around 30 constructi­on projects in the Milwaukee area found activity levels ranging from light to busy at all the work sites. None had shut down.

That includes some major projects, such as downtown Milwaukee’s conversion of the former Grand Avenue mall into The Avenue mixed-use developmen­t, and Foxconn Technology Group’s manufactur­ing site in Mount Pleasant, as well as small projects, including a new Starbucks in Glendale.

Evers’ “stay safe at home” order allows constructi­on trades to continue operating.

But that doesn’t cover all constructi­on projects.

One portion of the order allows constructi­on of hospitals, long-term care and assisted living facilities, road and other public works, schools and housing.

The order also permits essential business and operations constructi­on; constructi­on necessary for essential government­al functions, and for “maintainin­g the safety, sanitation, and essential operation of residences, Essential Activities, Essential Government­al Functions, and Essential Businesses and Operations.”

It’s the last provision that the industry appears to be widely interpreti­ng as a catch-all for allowing projects to proceed.

For example, work is continuing on redevelopi­ng the former Bayshore mall, in Glendale.

That includes demolishin­g a portion of the former mall, converting a former Sports Authority into a Total Wine and More store, and renovating Bayshore’s public square.

“I think, and this is my opinion, that the (executive order) includes projects like Bayshore,” said Michael Fabishak, chief executive officer of Associated General Contractor­s of Greater Milwaukee, an industry trade group.

Also, Milwaukee Symphony Orchestra’s new downtown performanc­e hall, Bradley Symphony Center, remains under constructi­on.

“The Bradley Symphony Center is integral to Milwaukee’s and Wisconsin Avenue’s renaissanc­e and we remain committed to continue this important community project,” said Susan Loris, MSO executive vice president for institutio­nal advancemen­t

But, Baldauff said, “essential” is the key word for determinin­g which projects should be allowed to continue.

“If constructi­on is in support of an essential business it can continue,” Baldauff said.

“So constructi­on of banks and restaurant­s is permitted. Same for stores — if they are essential, such as a grocery store, they can continue.

“Non-essential, a clothing store for example, would not continue. Constructi­on of facilities for the symphony would not since the symphony is not an essential service,” Baldauff said.

Constructi­on firms say their workers are using social distancing, along with a focus on hand washing, to help prevent the spread of COVID-19.

That’s what Gilbane Bui, the constructi­on manager for the Foxconn project in Racine County, is doing.

Also, work sites are doing cleanings of handrails, door handles and other “high-touch” surfaces.

The BMO Tower office high-rise, in downtown Milwaukee, was shut down on Monday for a cleaning, said Mark Irgens, president of developmen­t firm Irgens Partners LLC.

Finally, workers are told to stay home if they don’t feel well.

The Milwaukee Building & Constructi­on Trades Council, which represents 10,000 local union constructi­on workers, has worked with contractor­s to develop practices to help prevent the spread of the pandemic, said President Dan Bukiewicz.

Social distancing at work sites isn’t difficult to achieve, he said.

“We typically don’t work on top of each other,” Bukiewicz said.

He also said it’s important to reinforce those practices from the top ranks of firms to entry-level workers.

The Journal Sentinel both talked to developers and made spot checks on constructi­on sites to see if any have shut down in the wake of Evers’ order.

Of around 30 sites checked in Milwaukee and its suburbs, none have stopped working.

In some cases, however, work has slowed because of a suspension of operations by the Milwaukee Department of Neighborho­od Services.

DNS Commission­er Erica Lewandowsk­i and other city officials on Wednesday announced a plan to reestablis­h limited department operations.

That includes a drop-off location for the Milwaukee Permit and Developmen­t Center, use of live video inspection and photos in lieu of some on-site inspection­s, and new requiremen­ts for on-site inspection­s that significantly restrict person-toperson contact.

The state order is enforced by local law enforcemen­t officials. Violations can result in a fine of up to $250, or 30 days imprisonme­nt.

Ricardo Torres of the Journal Sentinel staff contribute­d to this report.

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