The Buffalo City Committee on Community Development on July 1 reviewed city apprenticeship compliance procedures after council members raised questions about D and H Paving's adherence to the city's apprenticeship requirement.
Council members sought clarity on how the city's 10% apprenticeship requirement is applied and enforced. "The apprentice, the city's requirements, that 10% is something that we've set ourselves, correct, as the city of Buffalo. It wasn't something that's determined by the state of New York," one council member said. City staff responded that the requirement is a local law and that compliance review occurs before DPW recommends award.
Nate Martin, speaking for the Department of Public Works, said compliance documentation is reviewed at award and included in the information provided to the council. "The submission that you've given DPW to consider is in compliance," he said, and added that contractor compliance through the life of a project is monitored and determined later through payroll reviews and pay-application checks.
On questions about D and H Paving, city staff said DPW "has completed its review of DNH payments contracts and is in the process of determining penalties based on the City of Buffalo code in accordance with all applicable contract provisions, policies, guidance, and due process requirements." Staff also said the group 10/12 contract with D and H remains open and that certified payroll records for 2023–24 are now up to date.
The owner of D and H Paving addressed the committee and described operational and estate complications after his father's death in 2020, saying the company only moved formally into his name in 2023 and that some issues dated to 2021–22. "I take full responsibility for what did happen," the owner said, and added he has provided payroll spreadsheets and that current projects have apprentices on site. "I just want to work," he said.
The committee received and filed the items related to apprenticeship compliance and contracting and asked DPW to provide clearer documentation to council members in future contract packets so members can see compliance reviews and prior-year compliance history when available.