# The Great Construction Debate: Whatcom County Weighs Community Benefit Agreements On a spring afternoon in Whatcom County, the Committee of the Whole chambers became the stage for one of the most heated policy discussions of the year. What began as an exploration of community benefit agreements for large public works projects evolved into a passionate defense of local construction businesses and workers, revealing deep divisions about how government should balance labor policy with economic opportunity. ## Meeting Overview The April 29, 2025 Committee of the Whole meeting, chaired by Council Member Kaylee Galloway, convened at 1:24 p.m. in hybrid format with all seven council members present. The agenda was packed with presentations spanning from construction policy to state legislative updates, but it was the lead item — a discussion on community benefit agreements featuring the Associated General Contractors — that dominated nearly an hour and a half of heated testimony. Council Members Tyler Byrd and Ben Elenbaas had requested this extended presentation to provide what Byrd called "another perspective" on the contentious issue of project labor agreements (PLAs) or pre-hire agreements for county construction projects. What unfolded was an impassioned case against the proposed ordinance from the perspective of the 87% of Whatcom County's construction workforce that operates in the open shop (non-union) sector. ## The Construction Community Fights Back Lance Callaway, Northern District Manager for the Associated General Contractors, opened with a sobering assessment despite battling bronchitis: "This is not working the way I'd expect it to." He was referring to his presentation technology, but the phrase could have applied to the entire policy debate. Callaway laid out the fundamental tension: while the proposed ordinance aimed to ensure local workers receive full prevailing wages and work safely on large county projects, it would effectively exclude 87% of Whatcom County's construction contractors who operate as open shop businesses. "AGC represents both union and non-union contractors," Callaway explained. "We believe in fair and equitable contracting in the public works sector." The statistics he presented painted a stark picture. Nationally, construction unionization has dropped from its post-World War II peak of 87% to just 10.3% in 2024. In Washington state, one of the strongest union states, construction unionization sits at only 16% — down from 16.5% the previous year. In Whatcom County, the divide is even more pronounced: 87% of the construction community operates as open shop. "If our open shop contractors were trying to advocate for something that was going to tip the scale in their favor, I'd be opposing them," Callaway declared. "Because we believe in fair and equitable contracting in the public work sector." The presentation revealed a critical disconnect. While proponents argued that PLAs would ensure workers receive full prevailing wages, every contractor pointed out that prevailing wage is already required by law on all public works projects. The real impact of PLAs would be to force open shop workers to join unions temporarily, pay union dues, and contribute to benefit plans they would likely never receive. ## Personal Stakes and Family Businesses The most powerful testimony came from the business owners themselves — entrepreneurs who had built companies from the ground up and employed hundreds of local workers. Each story revealed the personal stakes behind the policy debate. Tiera Nipkes, owner of Pacific Facility Solutions and a certified woman business enterprise, spoke with the authority of someone who had spent a decade building a multi-skilled workforce. "I have several employees who work for me who were previously union members and chose for whatever their own reasons were to leave that," she explained. "The point being that working for my company was a competitive offer to them considering their history in the union." Her concern wasn't abstract. Under a PLA, she would face an impossible choice: lay off her longtime workers who refuse to join the union, or abandon county work entirely. "If my employees joined the union temporarily and paid dues, paid the retirement funds and health funds and all that union fringe, unless they stayed in the union, they would never benefit from those," she said. "And here I am also paying for the health benefits and retirement benefits. Those don't just suspend because these workers join the union." Timothy Rockwell, a first-generation Mexican-American owner of Rockwell Electric, brought a minority business perspective that challenged assumptions about who benefits from such policies. "This is a scary political time for some of my ethnic background," he said. "And I've always trusted our local lawmakers to protect us from unfair and unnecessary barriers." His research revealed the exclusionary impact: of over 130 Whatcom County electrical contractors, fewer than five would qualify to bid on PLA projects. "So let me repeat that — 90% of our Whatcom County electrical contractors would be excluded from bidding on these projects," he emphasized. Perhaps most poignantly, Rockwell had invested $250,000 to start his own apprenticeship program specifically so his employees wouldn't have to drive to Marysville twice a week or be laid off to attend union training. "I want them to be home for dinner with their families every night," he said. "That's very important to me." ## The Administrative Burden Megan Kalma, general manager of Axiom Construction Consulting, a 23-year-old specialty subcontractor, provided perhaps the most detailed analysis of how PLAs would actually impact small businesses. Her company had spent seven years and hundreds of thousands of dollars trying to get an architectural sheet metal apprenticeship program approved, only to be repeatedly blocked by what she characterized as union influence. "Despite being federally approved and recognized as an apprenticeable trade, our application was repeatedly blocked by union influence processes," she recounted. "Our only objectors — union competitors, or those who highly benefit from union influence. In the end, they denied our application calling it a non-apprenticeable occupation." The irony was stark: a company with 23 years of experience employing hundreds was told their core trade wasn't worthy of apprenticeship recognition, even though building codes are designed around that very trade. For these business owners, the administrative burden represented more than paperwork — it was a barrier to entry that would effectively exclude them from taxpayer-funded work. As several noted, they already face extensive prevailing wage reporting, apprenticeship documentation, safety protocols, and certified payroll requirements. Adding union paperwork on top would push many over the edge. ## The Safety Question One of the most contentious claims from PLA proponents was that union contractors provide safer worksites. The data Callaway presented told a different story. AGC's member contractors — both union and open shop — showed Experience Modification Ratings (EMRs) well below the industry threshold of 1.0, with most clustered tightly around the same excellent safety performance. "Sometimes the statement of one group is safer than the other is just not a true statement," Callaway observed, backing up his point with hard numbers from Washington state's workers compensation system. The safety argument particularly rankled the business owners, who viewed it as an attack on their professionalism. As Nipkes put it with visible emotion: "I felt honestly a little insulted when I hear that the primary concerns behind this are that the open shop contractors don't care about safety or are trying to underpay or cheat their employees out of wages." She noted the personal financial risk these small business owners take: "For small businesses like mine to get bonding at levels that you need to participate in government work, I pretty much have to put every single thing I own as collateral for that bonding, including the house that I live in with my two small children and my husband." ## The Unintended Consequences Matt Shaver, owner of Foundation Restoration, spoke for many when he described the ripple effects PLAs would create. His company, which employs 25 people and pays 100% of medical insurance while contributing to 401(k) plans even for employees who can't contribute themselves, would face an impossible situation. "If this came into effect, I would halt my commercial division and focus strictly on residential and private jobs," he explained. "This would result in layoffs. I've estimated that I would probably cut roughly eight of my 25 employees." The irony was profound: a policy intended to support local workers would force a local employer to lay off local workers. Darren Leyenhorst from Faber Construction, a 38-year-old family business that grew from two people to 190 employees, emphasized the freedom-of-choice argument. His own story — immigrating to the United States and rising from employee to vice president and partner through "the free market open system" — embodied the American dream that PLAs would constrain. "We are not anti-union, but we are for freedom of choice," he said. "Workers choose to work for our company due to our company culture and our commitment to doing the best to keep employees working close to home." ## The Numbers Don't Lie Throughout the presentations, damning statistics emerged about PLAs' track record elsewhere. The City of Seattle's own 2023 study showed that Community Workforce Agreements reduced women and minority business enterprise (WMBE) participation from 17% to 7.7% — a 58% decrease. The Port of Seattle found that PLA projects had lower participation from women (13.7% vs. 21.6%) and people of color (30.6% vs. 54.1%) compared to non-PLA projects. "97% of the WMBE community is open shop," Callaway noted, "and they are very hesitant to get involved due to the complexities." Even California Governor Gavin Newsom had vetoed PLA requirements for Cal State University projects due to added expenses that the budget couldn't afford — a reality check from one of the most progressive states in the nation. ## Council Response: Mixed Signals The council's response revealed the complex political dynamics at play. Council Member Ben Elenbaas, who had co-sponsored the presentation, expressed frustration that they were running short on time despite requesting 90 minutes for the discussion. Council Member Todd Donovan voiced perhaps the most direct criticism: "I'm frustrated a bit because I've been on the outside looking in because of quorum rules and not understanding where all this is coming from... I don't know what this is trying to fix." Council Member Jon Scanlon, one of the original proponents, acknowledged that any future proposal would "look completely different than what was released publicly last week" and expressed interest in legislative options that prioritize local workers without the controversial PLA requirements. Council Member Barry Buchanan, referencing his extensive experience on the jail task force, said he was "in the backseat of this car kind of looking to see where it's going" and valued the opportunity to learn from all stakeholders. Most tellingly, Council Member Mark Stremler captured the sentiment that seemed to be building: "My priority is the same as everyone in this room. I want the people of Whatcom County to be gainfully employed on projects that are consuming their tax dollars... While I appreciate the conversation, I'm glad we had it... I think the right thing might be to let it lie." ## The Broader Opposition The presentation revealed that opposition extended far beyond the individual contractors who testified. Within two weeks of the ordinance being introduced, over 80 firms representing 5,300 workers had signed on in opposition. The Small Cities Coalition had unanimously opposed PLAs, as had the Whatcom County Business and Commerce Committee and the Lummi Business Council. The Lummi opposition was particularly significant, as tribal businesses would face additional barriers under PLA requirements, creating what Callaway called "unfair and unnecessary barriers" for Native American enterprises. ## What's Really at Stake As the presentations concluded, it became clear that this debate represented more than labor policy — it was about the fundamental character of Whatcom County's economy and the opportunities available to local workers and business owners. The open shop contractors weren't arguing against worker protections or fair wages — all of those are already guaranteed by prevailing wage laws, safety regulations, and existing oversight mechanisms. They were arguing for the right to compete fairly for taxpayer-funded work and the right of workers to choose their employment arrangements. "Let everybody compete," Callaway urged. "Let everybody choose how they want to be affiliated and for the Whatcom County to respect their choice." As Council Chair Galloway noted, the input was "valuable and appreciated," and council members were encouraged to continue the conversation through regular council meetings and direct communication. ## Looking Ahead The meeting made clear that any future community benefit agreement proposal would need to navigate the legitimate concerns raised by the county's construction community. With 87% of the workforce in the open shop sector and overwhelming opposition from local businesses, the path forward would require finding ways to achieve community benefits without creating barriers for local workers and employers. The debate also highlighted the need for better communication between policy makers and the business community, as Council Member Donovan's confusion about the proposal's purpose demonstrated the disconnect between intentions and understanding. As the discussion moved to other agenda items, it was clear that this conversation was far from over. The stakes — thousands of jobs, hundreds of businesses, and millions in taxpayer-funded projects — ensure that whatever happens next will have lasting consequences for Whatcom County's economic future. The question remains: Can county government find ways to achieve its community benefit goals without excluding the very community it aims to serve? The answer will likely determine not just the fate of this particular ordinance, but the broader relationship between local government and the business community that powers the county's economy. ## State Legislative Update: Mixed News from Olympia Following the heated construction debate, lobbyist Josh Weiss provided a more routine but important update on the 2025 state legislative session, which had concluded just days before with a last-minute budget agreement. The legislature successfully passed balanced budgets while raising approximately $9 billion in new revenue over six years, including a six-cent gas tax increase that reduced from an originally proposed higher amount after Governor Bob Ferguson's feedback. "There's every reason to believe that we're done, at least for the short term," Weiss reported, though he cautioned about potential federal uncertainty that could trigger special sessions later. For Whatcom County specifically, the results were mixed. The county received $1.25 million for courthouse renovation to accommodate the water rights adjudication courtroom, $10.3 million for flood plains design projects, and $4 million for Swift Creek settlement efforts. The county's alternative response team saw continued funding of $1.17 million, and $200,000 was allocated for technical assistance in water rights adjudication. However, some disappointments emerged. The Lummi Ferry project received no new appropriation, though existing funding was properly distributed. The recovery navigator program, which the county relies on for addiction services, was reduced by 20% after being completely eliminated in the Senate's initial budget proposal. Council Member Scanlon requested a detailed analysis once Governor Ferguson completes his bill signing, particularly regarding impacts on county programs and next steps for the ferry project, which has been counting on state support for its various operational scenarios. ## Sexual and Domestic Violence Commission: Expanding Impact Susan Marks, director of the Bellingham-Whatcom County Commission on Sexual and Domestic Violence, provided her annual report on the commission's work, revealing both the scope of the problem and innovative approaches to addressing it. The commission, formed by joint ordinance between the county and City of Bellingham with $90,000 in annual funding from each jurisdiction, focuses on improving systems rather than providing direct services. "Our role is to improve systems so they work better for survivors in the community," Marks explained. The 2023 data painted a concerning picture: Superior Court saw increased domestic violence protection order petitions, St. Joseph's forensic nurses treated more strangulation survivors, and Brigid Collins experienced a 40% increase in forensic interviews with children. Perhaps most troubling, sexual assault reports to law enforcement continued to decline despite no indication that incidents themselves were decreasing. "Each data point reflects the lives of people who live in our community and it ripples out to every space and relationship they participate in," Marks emphasized, connecting domestic violence to broader community challenges like homelessness, housing insecurity, and child abuse. The commission's current projects include a $600,000 federal grant for "Justice for Families" that focuses on making civil and family law remedies more accessible to survivors, particularly in pro se proceedings like protection orders and parenting plans. They're also developing a controversial restorative justice program for sexual assault cases, working with Makeshift Art Space and Western Washington University to create what Marks described as "survivor-centered restorative justice processes." A new healthcare screening project aims to help medical providers identify survivors and connect them to resources, recognizing healthcare settings as critical intervention points. Council Member Scanlon highlighted the commission's availability as a county resource, suggesting they could assist with sensitive situations like the recent interviews with sexual harassment survivors that had been conducted by three male council members. "We're here for anything in that realm to be supportive," Marks confirmed. ## Transportation Planning: The Great Infrastructure Divide The afternoon's most technical presentations revealed another significant policy divide — this time over how Whatcom County should approach active transportation planning for its comprehensive plan update. Chris Comeau from Transpo Group, the consulting firm working on the transportation element, presented what he characterized as a pragmatic approach to meeting Growth Management Act requirements for active transportation networks. Speaking remotely with significant audio difficulties, Comeau outlined a system that would largely rely on existing and improved road shoulders to create county-wide bicycle connectivity. "We're trying to help the county meet the GMA requirements," Comeau emphasized. "There's many ways that can be done, but this seems like the best path forward, at least to us." His approach focused on financial reality: cataloguing existing paved shoulders five feet or wider on county roads and state highways, then building from that foundation rather than pursuing the more expensive separated bike lanes that previous plans had envisioned. The consultant's network would connect population centers defined by the state Department of Transportation, including not just incorporated cities but unincorporated communities like Deming, Glacier, and Birch Bay. The level of service standards would measure "completeness" of the network annually, providing a roadmap for improvements when funding becomes available. Comeau showed maps indicating that rapid implementation could designate many existing roads as bike routes with minimal improvements, potentially covering "about half the county population or more" and creating awareness that "multimodal transportation is the way that the county provides transportation rather than just vehicles only." However, this pragmatic approach faced sharp criticism from actual cyclists and the county's Bicycle and Pedestrian Advisory Committee. ## BPAC's Counter-Vision: Safety Over Convenience Ryan Corley and Dan Kostozewski from the Bicycle and Pedestrian Advisory Committee delivered a pointed rebuttal that cut to the heart of transportation planning philosophy. Their concern wasn't just technical — it was deeply personal. "When I was coming here today to speak, my daughter who's 11 asked me where I was going and I said it was going to the county council meeting to try and get more bike routes in the county and she said dad tell them we need more bike lanes because I don't like biking on our streets without bike lanes," Kostozewski shared, his voice catching with emotion. The committee's fundamental objection centered on level of traffic stress — the comfort and safety cyclists actually experience on roads. While Hannegan Road might meet technical specifications for a bike route with its wide shoulders, the reality is far different for actual users. David Waldo, a BPAC member who commutes over 1,000 miles annually by bicycle in Whatcom County, provided real-world perspective: "Originally, I utilized some of those main East-West arteries in the county, including Grand View, Mountain View and Slater roads... Generally found these legs to be pretty loud, busy and generally dangerous to ride on despite often having an appreciable median available." Instead, Waldo had shifted to smaller roads without shoulders that he found "support a safer and more enjoyable ride," highlighting the disconnect between technical standards and user experience. The committee emphasized that Growth Management Act requirements call for facilities serving "all ages and all abilities," not just the small percentage of confident cyclists willing to ride on high-speed roads. Current data shows only 2% of Whatcom County commuters bike to work, with the vast majority driving alone — a trend that has worsened since 2014. "If public works recommended a vehicle plan with roads narrow, steep, rough that only five to nine percent of people are comfortable driving... would that be an acceptable threshold?" Corley asked pointedly. ## The E-Bike Revolution and Health Connections BPAC's presentation included fascinating data from Strava Metro showing e-bike usage in Whatcom County had grown from 1% to 10% between 2020 and the most recent year — a trend accelerated by new state rebate programs. The data revealed significant CO2 savings from bike commuting and highlighted the connection between transportation options and public health outcomes. Youth physical activity levels remain concerning, with increasing rates of depression among children. The committee connected these health trends to the need for safe transportation alternatives that enable active lifestyles. "Everyone probably knows kids who are going through bike programs, but where are they going to bike?" Corley asked. "They could bike on the blacktop around or maybe the trail networks." The committee also highlighted successful Safe Routes to School grant applications by other cities and ongoing collaboration between the county, Bellingham School District, and other partners on a potential 2029 project — though they noted frustration with the distant timeline. ## Technical Disputes and Maintenance Realities Council members raised practical concerns that highlighted the gap between planning and implementation. Council Member Todd Donovan questioned whether Hannegan Road truly met safety standards for cycling, noting his own observations of the dangerous conditions on that heavily trafficked route. Council Member Jon Scanlon raised maintenance issues, questioning whether roads designated for bicycle transportation would receive priority for shoulder sweeping and debris removal. Public Works Engineering Manager Doug Ranney confirmed that maintenance requirements would increase costs for any designated facilities. Council Member Ben Elenbaas, drawing on his agricultural background growing up on Hannegan Road, provided a sobering reality check: "I would agree with Council member Donovan, like I don't know that I would feel incredibly safe riding a bike, even though the shoulders [exist]... I've been sideswiped twice physically hit by vehicles as I'm driving down Hannegan." His comparison of bicycle safety to operating farm equipment on county roads was particularly telling: "I take up the entire lane and force people to slow down and go around me... And so I guess I equate me driving the tractor's probably about the speed at which you guys would be riding your bikes and drivers should probably yield to you in the same manner that they're yielding to me on my tractor." This led to discussion about whether the plan should include driver education, signage, and other measures beyond infrastructure — elements that BPAC strongly supported but that weren't central to the consultant's technical approach. ## The Planning Paradox The transportation presentations revealed a classic planning paradox: technical compliance with state requirements versus meaningful progress toward stated goals. The consultant's approach would check the boxes for Growth Management Act compliance while potentially creating a network that few people would actually use safely. Council Member Scanlon signaled support for a different approach: "I'd like to signal the Administration that he thinks they should prioritize hiring a multimodal trail planner." Executive staff responded that they had unfrozen such a position but would need to consider it against budget reduction pressures in the Parks Department. The presentations also highlighted resource constraints that shape all county planning. While BPAC advocated for separated facilities and multi-use trails, Comeau repeatedly emphasized financial limitations and the need to show how improvements would be funded — a requirement that doesn't apply to other comprehensive plan elements. "Unlike other elements in the comprehensive plan, the transportation chapter has to show how the county or any agency intends to pay for whatever needs are identified," Comeau noted. "So the finance piece is critical." ## Closing Business: Music in Point Roberts The meeting concluded with the most straightforward item on the agenda: approving an outdoor music festival permit for Point Roberts. The Strings and Things Music Festival, planned for July 12 at 713 Simondson Drive, required council approval due to its size and location. Applicant Breeda Desmond described the community benefit of bringing live music to the isolated border community, while prosecutors noted technical compliance issues with neighbor notification requirements and surety bond provisions. After brief discussion about whether sending waiver letters to neighbors constituted "substantial compliance" with notification requirements, the council voted 6-0 to recommend approval (Council Member Donovan was temporarily absent), allowing the festival to proceed with appropriate conditions. ## What It All Means The April 29 Committee of the Whole meeting captured Whatcom County government at a crossroads on multiple policy fronts. The community benefit agreement debate revealed fundamental tensions between economic development and labor policy. The transportation presentations highlighted conflicts between pragmatic compliance and aspirational goals. Even the sexual violence commission update showed an organization adapting its approach to emerging challenges and opportunities. Throughout all the discussions ran common themes: resource constraints, competing priorities, and the challenge of translating good intentions into effective policy. Whether addressing construction worker protections, bicycle safety, or public health initiatives, county officials faced the persistent question of how to achieve worthy goals within financial and political constraints. The meeting also demonstrated the importance of stakeholder engagement — both the construction industry's passionate response to PLAs and BPAC's detailed critique of transportation planning showed how policy development benefits from diverse perspectives, even when those perspectives create uncomfortable conflicts. As council members prepared to carry these discussions into future meetings and budget deliberations, one thing was clear: the county's approach to economic development, transportation planning, and community services would continue evolving through the complex interplay of public input, financial reality, and political leadership. The stakes in each debate — from construction jobs to cyclist safety to domestic violence prevention — ensure that these conversations will remain central to Whatcom County's governance for months to come.