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Safety rail put up after worker fell at Webb building, police say: Work went on during frantic rescue efforts(Buffalo News, The (NY) (KRT) Via Thomson Dialog NewsEdge) Mar. 28--Several construction workers were putting up a safety railing in the minutes after a coworker fell 30 feet to his death last week in the Webb Building, The Buffalo News has learned. One police officer, who responded to the fatal construction accident March 20, reported seeing construction workers "hammering away" on a safety railing for at least 20 minutes after Jonathan Fundalinski plunged from the second floor to the basement. Another officer reported hearing the work continuing on the first and second floors, at the same time that police, firefighters and paramedics on the basement level frantically tried to save the 24-year-old West Seneca man. The officers, who all spoke Tuesday on condition of anonymity, said they believe the construction workers were attempting to erect a safety railing in order to cover up the circumstances of the accident. "There couldn't have been a rail there when he fell," one officer said. "I looked up and saw a guy wearing a hard hat on the first level nailing a board into the brace," the officer said. "He was nailing the piece that supports the safety rail. We did yell at them to stop, and they wouldn't stop." The officers said their first priority, at the time, was trying to rescue Fundalinski. The construction work continued despite their repeated orders to stop. The News also learned Tuesday that the FBI has subpoenaed city records pertaining to all projects involving developer Rocco R. Termini dating back to Jan. 1, 2006, the day Mayor Byron W. Brown was sworn in to office. One key aspect of the probe will likely involve allegations that First Deputy Mayor Steven M. Casey intervened after Termini requested his involvement when inspectors showed up at the Webb Building site intending to close it down because of a lack of permits. Termini gave Brown's campaign $9,000 in 2005, making him the ninth-largest contributor to a campaign that ultimately raised more than $1 million. Tuesday, Homicide Unit Detective Sgt. James P. Lonergan confirmed that police officers have recently come forward reporting that construction workers could be heard "hammering" after Fundalinski fell at about 7:50 a.m. March 20. They said the construction work continued as Fundalinski's lifeless body lay in a 6-foot-deep hole in the basement, where emergency responders feverishly worked to revive him. "It's extremely disturbing if this is, in fact, true," said Lonergan, whose unit investigates all suspicious deaths. Lonergan, who responded to the accident scene about 40 minutes after the 911 call, said a person was overheard at the scene saying a safety railing was put up after the accidental fall. "We interviewed three of his co-workers at Police Headquarters [that day], and they denied any knowledge of the railings being installed after the accident. We asked, and they denied it," Lonergan said. "They appeared extremely distraught. . . . We're absolutely going to re-interview those workers. One way or another, we'll get to the truth." Within minutes of the accident, a foreman was heard yelling, "Everyone clear the building. I want everyone out of the building," recalled one police officer. The foreman's order prompted work to stop for a few minutes, but it quickly resumed, said the officer, who believes the foreman had nothing to do with the continued construction work. David Burke, president of Burke Builders, the general contractor for the Webb Building reconstruction project, could not be reached to comment on the new accusations about the work crew. Fundalinski had been a Burke employee since last summer. Arthur Dube, director of the federal Occupational Safety and Health Administration's Buffalo office, said its investigator was at the scene soon after the fall and is working to piece together what happened through interviews, photos and site observations. "Under law we have up to six months from when an accident occurs or a hazard is observed to issue citations," said Dube. The 119-year-old Webb Building at 90 Pearl St. was badly deteriorated when Termini purchased it in December and developed plans for a $9.2 million renovation project with a day care center and a 32-unit upscale apartment building. The project began in January after the city issued a permit for asbestos removal and stabilization. On Feb. 23, inspector Peter Klemann tried to halt the project after determining the work exceeded the scope of the permit, enlisting the help of police. Klemann claimed that when an officer phoned Casey, the deputy mayor told police to go back to the station house and not enforce his effort to halt work. Brown has denied the claim. Tuesday, City Corporation Counsel Alisa A. Lukasiewicz confirmed that federal investigators want to see permits and inspection documents on all projects involving Termini since 2006. Lukasiewicz said they hope to comply with the subpoenas by Thursday. Meanwhile, Termini and one of his companies will pay $3,000 in fines after being found guilty of not having a certificate of occupancy for an unrelated downtown residential project. Buffalo Housing Court Judge Henry J. Nowak imposed the fines Tuesday in connection with Termini's IS Lofts, 362 Oak St., in the former Kastings Flower Warehouse. The sentencing followed a trial last November when Termini was found guilty of letting 24 tenants move into his complex 10 days before he obtained the required occupancy certificate. In a written decision, Nowak said Termini was informed by city officials three weeks before his building was scheduled to open that several problems had to be addressed, including the need for smoke dampers. According to court records, Termini said he had difficulty obtaining the devices in time and was working with the city on an alternative plan, hoping to obtain a conditional certificate in time. Nowak ordered Termini and his company to each pay the maximum $1,500 in fines, but he spared Termini from serving a possible 15 days in jail. Termini was not in court Tuesday, but in an earlier court memorandum, he explained his motive. "We had 24 people who had to vacate their apartments on April 30 with no place to go. What choice did we have but to allow them to move in?" Termini told the court. But Lukasiewicz said Termini had options, including paying for hotel rooms for incoming tenants until they could legally move into IS Lofts. She said she thinks the conviction sends a message to all developers. "If you break the rules, we will take you to court," she said. Lukasiewicz said Termini is due back in court in May on charges that he allowed tenants to live in a complex at 266 Oak St. for nearly a year without having a certificate of occupancy. She said he faces more than $1 million in fines if convicted, adding that she thinks Tuesday's sentencing could foreshadow his fate. News Staff Reporter Sharon Linstedt contributed to this report. [email protected] [email protected] Copyright (c) 2007, The Buffalo News, N.Y. Distributed by McClatchy-Tribune Business News. For reprints, email [email protected], call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. |