Some say this is the beginning of a coverup… We need to watch what happens here.

So if Mayor Brown is trying to change the process then more power to him. I couldn’t tell you, I haven’t walked into that department since 2000. It was a mess then and as far as I am concerned it’s a mess now and there is no wonder why the City doesn’t progress at a faster rate. Politics has no place in the building and permit process except for streamling it and cutting the cost of doing business there.

Public Statement
Mayor Byron W. Brown

March 23, 2007

• I want to begin my comments by saying that we are all saddened by
the tragic accident that occurred earlier this week at the Webb
Building in downtown Buffalo and that our thoughts and prayers are
with the family and friends of Jonathan Fundalinski.

• Now, I want to set the record straight on what was reported In
todays Buffalo News regarding City of Buffalo building inspectors,
First Deputy Mayor Steve Casey and the reconstruction of the Webb
Building.

• The headline on the front page of this morning’s paper was not
accurate.

• First, despite what was reported in the paper, First Deputy Mayor
Steve Casey did not countermand a stop work order on the Webb
Building job site; in fact, no stop work order was ever Issued for the
reconstruction project.

• As required by state law, a written stop work order must be put in
place to shut down any work on a project — the building inspector
never did that on February 23rd•

• Second, since there was no written stop work order, it was
impossible for First Deputy Mayor Steve Casey to countermand the
building inspector’s action.

• What Steve Casey did is this:

o At approximately 9:30 a.m. on February 23, 2007, the City Hall
switchboard directed a call to Mr. Casey. At the time of the
call, he was in his office in a meeting with Corporation
Counsel Alisa Lukasiewicz. The person on the phone
identified herself as a Buffalo Police Officer.

o The police officer indicated that there was a disagreement at a
construction site involving a city building Inspector and a
construction company.

o The police officer reported that the inspector said that there
was not a work permit for the site; however, the contractor
displayed a permit.

o The police officer requested Mr. Casey’s assistance in dealing
with this matter. Mr. Casey advised the police officer to tell the
parties to “take a break and to immediately go to
Commissioner Tobe’s office in City Hall.”

o Mr. Casey was simply trying to avert a confrontation on the
streets that had the potential to escalate.

o Mr. Casey then immediately told Commissioner Tobe that he
had advised the parties to report to Mr. Tobe’s office and that
Mr. Tobe should handle the matter under our usual
procedures.

o Mr. Casey did not have a conversation with any city inspectors
or any party from the development company about this project
on this date, before February 23rd or since.

o These actions were consistent with my Administration’s policy
to treat all parties professionally and fairly, but to also
promptly resolve disputes Involving development projects and
move the economic development process forward.

• There has been absolutely no incidence of favoritism shown to any
business person by my Administration. Every business person is
treated fairly and with professionalism. The goal of my
Administration is to legally expedite the permit, inspection and
development process in Buffalo. We consciously work to
appropriately cut red tape that can slow down the development
process.

• When I ran for office, the Buffalo Niagara Partnership, other business
organizations and individual business owners indicated that
inspections and permits was a critical area that needed to be fixed to
move Buffalo forward economically. We are fulfilling that desire. We
are still working extremely hard to transform this department and
change the behavior of some in workforce who are used to doing
business the old way.

• Business owners should be able to go beyond the bureaucracy to
the Mayors office to solve problems. I have said City Hall will not be
an impediment to economic development and I will not let this
instance distract me from that mission. If anyone has a problem with
City Hall they should be able to call my office to express their
concern.

• Make no mistake — in this instance, this was not an act of
interference or providing special treatment to anyone.

• In fact, since taking office, Mr. Termini and his companies have been
charged five times with violating city ordinances. The charges could
result in potentially over $1 million dollars in fines.

• In one of these instances, both Mr. Termini and his company (IS of
Buffalo) have been found guilty after trial and both return for
sentencing on March 27,2007.

• In addition, my Administration did not renew Mr. Termini’s lead
developer status on January 9, 2007 for the proposed expansion of
the downtown Erie Community College project.

• It is important for me to address this issue since it has been
portrayed as a potential ad of professional misconduct by a member
of my Administration.

• It was not!

• So let me be clear: according to the Department of Economic
Development Permit and Inspection Services, the proper city
building permits were in place for this project before the tragic
accident occurred earlier this week, no formal written stop work
order was ever written by a city building Inspector on the Webb
Building reconstruction project and First Deputy Mayor Steve Casey
did not countermand any stop work order on this job.

• Again, what is most important is that we all recognize that earlier this week a tragic accident occurred at the Webb Building reconstruction job site and a young man, in the prime of his life, died apparently as a result of a fall at this work site.

• This tragedy had nothing to do with city building permits on this
project; it was an accident and we are very sorry that this young man
lost his life.