Before the Mayor Weighed In

On Tuesday, Gossips published a statement from Mayor Joseph Ferris which was received before there was time to report on the Common Council meeting that provoked the mayor's response. Today, we catch up and report on the meeting. But first, some history.

In January 2023, the Common Council passed a resolution approving the sale of two parcels owned by the City of Hudson to Kearney Realty & Development. The two parcels were the vacant lot at State and North Fourth streets, currently being used as a parking lot by Columbia County, and the land on Mill Street that had been and still is a playing field and was generally considered to be part of Charles Williams Park. The resolution was accompanied by an agreement of sale, but the actual agreement of sale was not executed until May 2o23.

The actual agreement of sale, which is essentially the same as the one attached to the resolution presented to the Common Council, was signed by Mayor Kamal Johnson for the City of Hudson and Sean Kearney for Kearney Realty & Development and dated May 3, 2023. That agreement, like the agreement attached to the resolution, set the closing "on or before the date which is two years after the full execution of this Agreement." The agreement stipulated that the purchaser could postpone the closing for up to two six-month periods. The two years and the two six-month extensions were over on May 3, 2026.

At the informal Common Council meeting on Monday, June 15, residents of Mill Street urged the Council to act on the contract, which they believed that expired on May 3. What was not known at the time was that, unbeknownst to the Common Council, the agreement of sale had been amended by Mayor Joseph Ferris on May 20, 2026, to alter the closing date. Between the informal Council meeting on June 15 and the regular meeting on June 23, Council president Margaret Morris researched the issue, and at the regular meeting read aloud the amendment to the agreement, which had been signed by Ferris and Kenneth Kearney. The amendment changed the date of closing from a fixed date to an open-ended one: "thirty (30) days after the Seller has discontinued all pending actions/proceedings relating to the ability of the Seller to convey title to the Property." In other words, thirty days after there has been a determination favorable to the City in the current Article 78 proceeding.

The question was raised but not answered if the mayor had the authority to amend the agreement without the knowledge and the approval of the Common Council.

Councilmember Henry Haddad (First Ward) brought up another issue: the selling price. Haddad cited $450,000 as the price; it is actually $420,000 for both parcels--Mill Street and State Street. Haddad called the deal "bad for us and bad for Mill Street" and asserted "to continue this is a slap in the face to taxpayers." Councilmember Jennifer Belton (Fourth Ward) mused, making reference to the three projects the City had chosen Kearney to pursue, "If two of them aren't happening, and the worst one might happen. . . ."

It was in response to this that Ferris issued this statement:

The contract closing date was not extended. The amendment simply clarified the current state of the contract and provided the closing will occur pending the Court's Article 78 determination.

The City of Hudson cannot unilaterally cancel the contract. If we were to do so, Kearney Group would have a breach of contract claim against the City and could seek damages for the City's termination.

Corporation Counsel [City Attorney] advised me that since the City was already in contract with Kearney Group, is a named party in the Article 78 proceeding, and has a legal obligation to perform under the contract until such time as a Court rules otherwise, it was necessary to execute the amendment to maintain the status quo.

Much of this was discussed at a March 6 meeting attended by myself, Council President Morris, Mill Street petitioners, and the respective legal representatives.

The Council can debate prior resolutions of support but as this city's mayor, my responsibility is to protect the city and at this point in the Article 78 process, that means doing everything in my power to avoid unnecessary and expensive legal actions whose cost will be borne by the taxpayers.

It will be recalled that last year, before he was elected, Ferris called on the Planning Board to deny approval to the Mill Street Lofts project. Ferris said at that time, "There is no such thing as a good project in a floodplain. Let's build a future that's safe, equitable, and forward-thinking. Approve the Bliss Towers redevelopment and reject the Mill Street Lofts as it stands." Despite significant opposition from elected officials, neighborhood residents, and the public in general, the Planning Board granted site plan approval to the project in May 2025.

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