Pythian Castle Update

8/5/09 - Update on the update - Just a note to remind readers there is a reason ordinances are not generally reported on while they are in draft. Because it is a draft proposal, it is not set in stone and can be changed. We will not know the exact details of the proposal until it is listed on the City Council agenda, which appears to be tentatively scheduled for the meeting of August 10, 2009. -Jackie

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It looks like there may well be an ordinance on an upcoming City Council agenda which might apply to Tamara Finocchiaro and the Pythian Castle.

The purpose of the DRAFT proposal is:

"To allow Small Business Development Loan program activities to be funded that eliminate specific conditions of blight or physical decay on a spot basis and not located in a designated slum or blighted area."

Finocchiaro made a copy of the draft amendment and its attachments available to "JackeHammer" late last week.

"The city has determined this modification to the (Small Business Development) loan program to allow for spot blighting and the renovation of historic structures should be permanently changed to apply to others, like myself, outside the existing districts," Finocchiaro wrote in the attached email.

Also attached was an email from City Grants Administratior Vern Morgan, written to Finocchiaro. In it, Morgan indicated the proposed ordinance, if passed, would make it possible for the City to make a loan on Finocchiaro's property but, was written much more broadly than the original draft, (as noted in this previous "JackeHammer" entry) at the suggestion of the City's law department. Morgan indicated the draft ordinance will be on the City Council's agenda for the August 10, City Council meeting.

According to the documents, the Department of Housing and Urban Development (HUD) provides the funding for the City's Small Business Development Loan Program (SBDLP), "and HUD regulations allow for activities to be funded on a spot basis including the correction of code violations and historic preservation," however, the documents also pointed out that currently, the SBDLP rules and regulations only allow for the correction of code violations or historic preservation in certain designated areas of the City.

The new "eligible activity" under the proposed amendment to Special Ordinance No. 25584, Chapter 3 of the SBDLP rules and regulations would allow loan eligibility for:

"Rehabilitation/renovation of a property that is eligible for, or already listed on, the Local Historic Sites Register or National Register of Historic Places when such rehabilitation/renovation meets the national objective of spot blight and slum removal (Section 208(b)(2))."

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Pythian Castle Resolution Delayed

Saturday, in this posting, I alerted readers that according to Tamara Finocchiario, owner of the Pythian Castle, the City Council would be considering whether to "spot blight" the Pythian Castle through a resolution presented on the July 27, City Council agenda.

A designation of blight would pave the way for Finocchiaro to, possibly, qualify for a HUD loan to assist in bringing the historic property into compliance with City code requirements.

Tuesday, Finocchiaro alerted me that the resolution has been postponed.

Springfield Planning and Development Department Grants Administrator Vern Morgan informed Finocchiaro the resolution would be delayed in an email on Monday.

In the email, Morgan informed Finocchiaro the Law Department had decided the City can't request an exception for a single project, and the rule change needs to be written broadly enough that other properties, under similar circumstances, might also qualify for the "spot blight" designation.

Morgan, who will re-write the resolution, said the deadline for including the amended, proposed resolution has passed for including it on the July 27 agenda but, according to Morgan, it will be re-scheduled for first reading and public hearing at the August 10 City Council meeting.

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Breaking News: New Hope for the Pythian Castle

I got a note from Tamara Finocchiaro, the owner of the Pythian Castle, late Friday night.

Finocchiaro wanted to share the news that, on July 27, there will be a resolution on the City Council agenda seeking the approval of the City Council to "spot blight" the Pythian Castle, "so we can qualify for the HUD loans extended to other (downtown) developers," she said.

Finocchiaro said she's been working with the economic development and loan departments of the City, and the City will be recommending the Council approve the spot blight designation.

"HUD says they are OK with it and willing to loan for historic properties," Finocchiaro said.

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Missing portion 3.D - 4 of the proposed "Premises Interim Use Agreement" offered by the City of Springfield to Finochiarro of the Pythian Castle

I don't have all the information I need to comment on the Pythian Castle issue, I'm still gathering some of it, but I want to go ahead and post what I found to be missing from the City's proposed "Premises Interim Use Agreement" with Tamara Finochiarro from Jason's posting at Life Of Jason. Now, to be clear, Jason tells me he did not intentionally omit this information, rather he said when his copy was hand delivered this page, page 2, was missing from the document. I have no reason to believe that Jason intentionally omitted this portion of the document and I don't know why he would, he has no reason to omit it, but for the sake of the public having all the facts, following is the missing portion of that document:

3. D. Pursuant to the contemplation of this agreement for the interim use of the premises, Ms. Finochiarro was to allow an inspection of the premises to determine items deemed necessary for public health and safety. Said inspection was to determine what items are immediately required to be addressed as part of any continued limited use, and until final plans and development has occurred. On October 30, 2007, Ms. Finochiarro's agent allowed a first floor only inspection of the premises. Said inspection resulted in the attached list of items ("Exhibit A" herein), each of which constitute immediate actual or potential problems involving the life, safety and health of members of the public accessing the premises. As such, all of the items stated within the Exhibit A, unless otherwise directed therein, must be completed immediately for the continued interim use of the premises. Ms. Finochiarro must address each requirement, and have them completed no later than 5:00 pm Monday, November 5, 2007, or the interim use of the premises will be immediately ceased until all items are completed and inspected. Upon completion of the items identified in Exhibit A, Ms. Finochiarro will be required to notify Ms. Cecelia Copeland of the City Building Development Services Department and arrange an inspection to confirm compliance. Ms. Copeland may be reached at XXX-XXXX (phone number omitted at my discretion-Jacke).


E. Ms. Finochiarro may request a building permit and proceed in advance of the phase one final development plan approval to install the water line and fire hydrant called for in the phase one final development plan, and for the performance of any item contained upon Exhibit A which requires the issuance of a building permit. The City agrees, in response to a proper application for each such permit, to issue a separate permit or permits for the construction of these items.

F. The existing fire hydrant on the premises will be upgraded as deemed necessary by the City for current usage, and the hydrant and water flow rate and pressure shall be upgraded to comply with current applicable codes, and with the terms and conditions of Planned Development No. 277.

4. Ms. Finochiarro must obtain administrative approval of phase 1 final development plan by December 31, 2007. Ms. Finochiarro and her architect have the obligation and shall take the lead in providing information as reasonably required by City for the completion of the ARC approval process. City staff will reasonably
assist Ms. Finochiarro and her architect and/or attorney in defining what information and items remain uncompleted with respect to the ARC approval process. It is understood that these items include, but may not be limited to, clarifying ownership of or easement granting rights to the strip of property shown on the eastern boundary of the premises, and clarifying any outstanding issues regarding the flowage and direction of stormwater off the premises.