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Council expedites $386,749 ARPA transfer to Broome County Land Bank amid concerns about late notice
Summary
Council agreed to expedite a resolution to transfer $386,749 in previously encumbered ARPA funds to the Broome County Land Bank for its affordable homes program after lengthy questions about timing, program capacity and legal changes affecting tax‑foreclosure acquisitions.
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The City Council voted to expedite RL24‑251, a resolution to amend the city—s agreement with the Broome County Land Bank and transfer $386,749 in ARPA funds for the land bank—s affordable homes program. Councilman Kavanaugh framed the item as a year‑end cleanup of encumbered funds; Jessica Haas, representing the land bank, described the organization—s track record renovating single‑family homes for low‑ and moderate‑income buyers and said the organization currently has $1,466,000 available in ARPA funds for city projects.
Haas told council that a recent U.S. Supreme Court decision, Tyler v. Hennepin, changed how tax‑foreclosed properties must be valued and that Broome County and the land bank now expect higher acquisition costs because counties must be made whole for tax liens and any excess proceeds go to prior owners. "Tyler v Hennepin had addressed, a takings clause violation," she said, and added that appraisal on foreclosure date will likely define acquisition price going forward.
Several council members pressed for detail about why the money had not been spent earlier and why council learned of the unencumbered funds only late in the year. Members asked whether the transfer would be expended before the ARPA obligation deadline and whether existing contracts or signed vendor agreements could be produced in time; staff and Haas said the transfer is an amendment to an existing contract with the land bank and that staff would work to meet obligation timing. Councilman Costi and others urged caution but said rejecting housing funding out of principle would likely forfeit the money to salary lines instead.
On a roll call, the motion to expedite RL24‑251 passed (Aye: Porter, Middleton, Cavanagh, Dunton, Costi, Madivetski; Nay: Hotchkiss). The measure will be placed on Wednesday—s business meeting for a final vote and contract paperwork.
Council directed staff to provide additional documentation on the encumbrance history and to confirm a contract timeline that would meet the Treasury/ARPA obligation rules by Dec. 31.

