Background
Originally built in the 1970s, the 'Pike Plan' is a system of
connected sidewalk canopies along portions of Wall St. and North Front St. in
Uptown Kingston. In 2011-2013, the aging Pike Plan was reconstructed, with
support from state and federal funding sources. Shortly thereafter, noticeable
deficiencies in the canopy's design and construction were identified. In late
December 2015, the previous administration filed a lawsuit against the design,
engineering and construction firms involved in the project. Unfortunately, the
NYS Supreme Court ruled that the design and engineering firms could not be held liable
as the statute of limitations had expired. However, the City was successful in
securing a $315,000 settlement in 2018.
In 2017, Mayor Noble and the Kingston Common Council worked to
eliminate the Pike Plan Tax, which was a special taxing district for those who
had buildings attached to the Pike Plan. Going forward, all costs and fees related to the Pike Plan were assumed by the entire city, not
just those who had a portion of the Pike Plan.
Current Conditions
Portions of the Pike Plan have significantly deteriorated. For
example, as described in a communication from the City Engineer to
the Finance Committee of the Common Council, "One area that was identified
as needing repair was the section from 43-45 N. Front Street. This location had
leaking roof, skylight and gutter issues, along with deflection of beams."
Unfortunately, there are a number of sections along the Pike Plan that are
visibly damaged and/or have demonstrated interior deficiencies (see Reference
Materials below.)
The Common Council and Mayor must now decide how to proceed. The
options include:
1) Repair the canopies
Estimated Cost: $450,000 + on-going maintenance. There could be additional costs if further investigation shows more extensive deterioration, similar to
43-45 N Front Street.
2) Remove the canopies and repair building facades
Estimated Cost: $868,000
Public Input Survey
In an effort to ensure that all stakeholders have a voice in
this decision, the City of Kingston will be issuing two surveys. One survey will
be sent directly to property owners and the other will be broadly circulated
throughout the community.
To complete the public survey, click here. Paper surveys are
also available at City Hall, located at 420 Broadway. Surveys must be completed
by March 8, 2019.
Frequently Asked Questions
Q: Do property owners currently pay for the Pike Plan maintenance?
A: Currently, all maintenance costs are included in the Department
of Public Works budget and are shared by all taxpayers. The Adopted 2019 budget
has allocated $16,000 for maintenance and electricity costs.
Q: Why didn't the City sue the businesses responsible for the poor
condition of the canopy?
A: In December of 2015, a lawsuit was filed by the City of
Kingston. Unfortunately the lawsuit was filed too late by the previous administration, and therefore the City was unable to pursue litigation against
two of the three defendants. One defendant was held liable for $315,000.
Q: Who makes the decision and how will that decision be made?
A: The Common Council of the City of Kingston is responsible for
allocating financial resources and awarding contracts. The decisions related to
repair of the current Pike Plan or the demolition and rehab of existing
properties would be made by the Council with input from Kingston residents.
Q: If the canopy is removed, will the building facade be repaired?
A: Yes, the area where the canopies were attached to the building
would be repaired as part of this process.
Q: If the canopy is removed, will the property owners incur the
costs associated with the removal and the repair to the building facades?
A: No, under the proposed plan, the City of Kingston would pay all
costs related to the removal and repair.
Q: If the canopy is removed, will the City need to repay the grant
that was used to install the canopy?
A: The City of Kingston is currently in communication with the
original funding sources to determine whether any repayment of funds would be
necessary given the current situation.
Q: If the canopy is repaired, will the property owners incur the
costs associated with the repairs?
A: No, the City of Kingston would cover all costs associated with
the repairs of the Pike Plan structure.
Q: Can the City perform the needed work using existing staff and
equipment or will an outside contractor be hired?
A: The project is too large and complex for City staff to
perform the needed work. An outside contractor would be hired.
Q: Can the City use funding from the Downtown Revitalization
Initiative to pay for either option?
A: The City of Kingston has a building façade fund through the
Downtown Revitalization Initiative that could potentially pay for individual
façade repairs. The City is communicating with NYS Department of State
representatives to further discuss if these funds can be used for this purpose.
Reference Materials
Water Spray Testing Report (11/1/2016)
Water Spray Testing Report (11/3/2016)
Canopy Framing Investigation (9/6/2017)
Petrographic and Air Void Analysis Results (6/8/2018)