BUFFALO — The Committee on Community Development tabled consideration June 3 of questions about whether city contractor D and H Paving met Buffalo’s apprenticeship rules after extended public testimony and conflicting records were presented.

The committee heard testimony from Matt Kent, director of the New York Foundation for Fair Contracting, who said investigators found the contractor employed people who were not registered apprentices and paid less than prevailing wages. Kent said the New York State Department of Labor found the contractor’s behavior to be willful and that the company had paid back penalties, wages and interest “in excess of $70,000” to affected employees.

The matter drew a direct response from Michael Vaccaro, owner of D and H Paving LLC. Vaccaro said the company has been family owned since 1955, participated in apprenticeship programs, cooperated with state auditors and “paid back every employee. I paid back the penalty and interest.” He said the total repayment with penalty and interest was “just over $32,000” and that, since the audit, he has paid all apprentices the full journeyman wage.

Kent and other speakers told the committee the Department of Labor had previously found willful violations and that the committee had been promised an investigation and enforcement in prior months. Kent said he has repeatedly asked the city whether investigatory steps had been taken and that he has not received a clear response. Committee members asked staff to obtain information from the Department of Public Works (DPW) and for DPW to report back by the next council meeting.

Committee members also referenced payroll and invoice records. Kent said the committee had seen the last certified payroll for a project at 1012 Bailey/Virginia Ave in December 2022, while invoices for that job were paid in 2023 and 2024. Kent said those records raised questions about whether apprentices listed on certified payrolls actually completed apprenticeship programs.

Vaccaro provided the committee a June 2 letter from the Office of Diversity, Opportunity and Inclusion stating that D and H Paving LLC “is currently in compliance as of 06/02/2025” and listed minority- and women-apprenticeship percentages. Council members said they welcomed that documentation but reiterated the need for DPW to confirm contractor compliance and to provide any outstanding payroll or audit records.

After discussion the committee made a motion to table the item; members said DPW follow-up and final documentation were required before the committee would act. No final award or disqualification of contracts was decided at the meeting.

The committee’s request for DPW information and the contrasting repayment figures presented to the committee — Kent’s “in excess of $70,000,” Vaccaro’s “just over $32,000,” and Kent’s later reference to a $40,000 restitution payment — leave unresolved discrepancies the committee asked staff to clear up before resuming the item.