Chester County adopts 'responsible contractors' resolution after hours of public comment

Chester County commissioners on July 23 approved Resolution BOC 4,025, a county resolution that updates the county’s guidance for bidders on public works projects valued at $350,000 or more.

Supporters framed the change as a goal-oriented tool to expand opportunities for Chester County residents and improve contractor accountability; opponents said the language effectively favors unionized contractors and would increase project costs. The vote followed more than an hour of public comment and a long debate among commissioners.

The resolution raises the county’s threshold on covered public works projects to $350,000 and asks bidding firms to certify “the firm participates in a Class A apprenticeship training program for each separate trade or classification in which it employs craft employees,” and to “ensure that at least 70% of the craft labor workers employed on the project shall be comprised of either journeyperson workers who have successfully completed a Class A apprenticeship program or apprentices registered in such programs,” language quoted during public comment by Felice Fane, a West Goshen resident.

Those requirements, plus a target that bidding contractors provide a workforce composed of at least 25% Chester County residents, were sharply criticized by several business owners and construction trade representatives who said the measure would shut out many local small businesses and raise construction costs.

Dennis Campbell, representing the Associated Builders and Contractors, told commissioners the provisions create “tremendous barriers” for merit-shop (nonunion) contractors and for small, women- and minority-owned firms. Emily Pincus, president of Pincus Elevator Company, said the apprenticeship ratio requirements would be “unrealistic” for her small, county-based business and could prevent her firm from bidding on county work.

Commissioner Rupp said he had sought input from business and labor groups and concluded he would oppose the resolution, citing the effect on taxpayers and county budgets. “With the property tax increase that took place last December, the burden on families in Chester County is higher,” Rupp said, and he said county facilities staff estimated the measure could increase project costs by “between 7–12%” on average. Rupp said he therefore would vote against the measure.

The board majority defended the resolution as nonbinding guidance — a resolution rather than an ordinance — that gives county procurement staff broader information when selecting contractors. One commissioner said the change increases, rather than decreases, opportunities for local residents by encouraging 25% local-hire goals and by raising the covered-project threshold from $250,000 to $350,000.

Commissioners also emphasized that procurement staff, not the board, will evaluate bids and that the resolution is intended to provide goals and transparency rather than create a legal ban on specific bidders. After debate and requests for a slower stakeholder process from several public commenters, the board voted to adopt Resolution BOC 4,025.

Votes and next steps: The resolution passed on a voice vote; no roll-call tally was recorded in the meeting minutes. Commissioners and county procurement staff said they will clarify the guidance language in bid packets and meet with affected local contractors to explain implementation and exceptions.

Why it matters: The change establishes county-level workforce and apprenticeship goals for higher-value public projects and may affect which firms bid on county work. Local contractors and business groups told commissioners they want more time to negotiate language and asked the board to work with stakeholders on implementation.

Speakers quoted in this article spoke during the agenda item on Resolution BOC 4,025 and during the public comment period immediately preceding the vote.