City allows renovation work to resume at Webb Building
Developer pays fee; bank admits error
By Sharon Linstedt
Updated: 03/26/07 12:40 PM
The City of Buffalo rescinded its "stop work" order at the Webb Building in downtown Buffalo this morning, allowing work to resume at the site of last week's fatal construction accident.
Peter Cutler, spokesman for Mayor Byron W. Brown, confirmed the city lifted the stop work order that was issued Friday afternoon after the developer's permit fee check bounced. Rocco Termini's bank took the blame for the payment mix-up later that day, but city officials wanted more time to review the situation before lifting the order.
While the city edict was not tied to physical conditions at the 119-year-old building which is undergoing a $9.2 million conversion to apartments and a daycare center building inspectors visited the site shortly after 9 a.m. today.
Cutler said inspectors found no violations related to the permit, allowing work to restart.
Termini said construction crews probably won't return to 90 Pearl Street until Tuesday morning, when they can put in a full day of work.
Richard Tobe, the city's commissioner of economic development said the order was issued after the city learned the developer's $3,410 permit fee check, dated March 19, had bounced.
And while Termini immediately produced documents showing it was a bank error, along with a certified replacement check, Tobe said the events unfolded too late in the day on Friday to make an informed decision.
"Technically, I could have lifted the 'stop work' order, but I decided to sort it out [today] when I could meet with staff and make sure everything is as it should be," Tobe said.
The commissioner also said the review gave the city a fresh opportunity to have a building inspector make a site visit.
"We always want to be sure the work being done complies with the permit, but obviously this situation calls for extra care," Tobe added.
The death last Tuesday of 24-year-old construction worker Jonathan Fundalinski following a 30-foot fall in the Webb Building has raised questions about the crew's safety practices, as well as questions about the city's building permit procedures.
The federal Occupational Safety and Health Administration is continuing its probe of how Fundalinski fell from the building's second floor to the basement. Meanwhile, the FBI and Erie County district attorney's office have initiated investigations into whether criminal negligence played a role in the fatal fall.
The investigations are expected to focus on whether Deputy Mayor Steven M. Casey interfered with inspector efforts to shut the project down for lack of permits in late February. The $9.2 million building renovation project got under way in early January after the city issued a permit for asbestos removal and related stabilization.
On Feb. 23, inspector Peter Kleman attempted to halt the project after determining the work exceeded the scope of the initial permit, enlisting the help of Buffalo police officers. Kleman claims when the responding police officer phoned the mayor's office to find out how to proceed, Casey took the call, waved off police and suggested Termini come to City Hall to resolve the permit stand-off.
Brown has denied claims Casey did anything improper. The mayor said Casey was "trying to avert a confrontation on the streets that had potential to escalate."
The mayor and Tobe both contend Casey didn't interfere with enforcement of a "stop work" order in February because the order was never officially issued.
The work-halting edict issued Friday relates to one of the permits that was approved following that City Hall meeting. Tobe said while the content of the permit is not at issue, the bounced check caused it to be null and void.
Termini provided The Buffalo News with a copy of a letter from the Bank of America he delivered to Tobe late Friday. In the correspondence, Anne L. Schule, the manager of the bank's Fountain Plaza office, states, "The funds in Mr. Termini's business account were in fact available, but a bank hold was placed in error."
The bank provided Termini with a certified check, which was presented to the city on Friday.
Tobe also said the city is penalizing Termini $500 a day for failing to pick up the permit after it was approved.
"There was verbal agreement they qualified for the permit, but they didn't pick it up and didn't pay for it, so we have concluded they were working without a permit," Tobe said.
The fine, which totals $12,500, covers the 25-day period from Feb. 22 through March 18.
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