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Commissioners pull funding for Bob Hall Pier "second tier" restaurant; reallocate ARPA money to core pier work

Nueces County Commissioners Court · March 8, 2023
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Summary

After county legal and ARPA staff said Treasury rules generally do not permit ARPA funds for new restaurant construction, the court voted to discontinue county-funded plans for a second'story restaurant at Bob Hall Pier and to reallocate previously committed commissioner ARPA allocations back into unallocated funds; one commissioner redirected his allocation to the pier reconstruction.

The Nueces County Commissioner's Court on March 8 revisited American Rescue Plan Act allocations for the Bob Hall Pier reconstruction and a proposed second'story restaurant expansion. Legal and ARPA staff told the court that while ARPA "revenue loss" funds can support governmental services such as pier reconstruction, Treasury rules generally bar funding for new construction or new revenue'generating private facilities. That distinction left unclear whether an added restaurant second story would qualify.

ARPA staff explained the county could use the revenue'loss category (with a $10 million cap) for projects to be obligated by Dec. 31, 2024 and completed by 2026. Commissioners said they needed a clear procurement and construction timeline before committing funds. Commissioner Chesney and others pressed for strict timelines and a 30% design update from the engineer.

After discussion, the court voted to discontinue the county'funded "second tier" restaurant expansion at Bob Hall Pier and to return commissioner-allocated ARPA funds for that element to unallocated status. Commissioner Chesney moved to have the funds revert to the commissioners who originally allocated them; that motion passed. Commissioner Chesney then moved to reallocate his previously returned $1,000,000 allocation to the Bob Hall Pier reconstruction rather than to the restaurant; that reallocation was approved.

Court staff were tasked to provide a formal written opinion clarifying allowable ARPA uses for the pier and to coordinate with engineers and the Parks Board to establish whether the pier project can be obligated by Treasury deadlines and completed in time to use ARPA funds. Commissioners emphasized procurement compliance: procurement must follow county rules to preserve ARPA eligibility.

The court also discussed alternative uses if the pier project cannot meet Treasury timetables, noting the obligation deadline of Dec. 31, 2024. Commissioners said they will bring additional details and a 30% design update at a future meeting before finalizing the pier budget and obligations.