[1. CALL TO ORDER]
[00:02:50]
>> COMBINING ON THE SEARCH EITHER OF 9 IPSE DENTS THE CROOM'S DOUBLE DOORS WILL REMAIN SECURED UNTIL GIVEN FURTHER INSTRUCTIONS FROM THE NUECES, TEXAS COUNTY SHERIFF OR OTHER LAW ENFORCEMENT AGENCY. THAT
CONCLUSION MY SAFETY BRIEF. >> THANK YOU. I'LL ASK IF THERE'S A PUBLIC COMMENT SHEET FOR ME TO CONSIDER, THE COURT MANAGER. OKAY. ANYBODY IN THE COURTROOM?
[1. Discuss and consider approval of Construction Materials Storage License Agreement with AEP Texas, Inc. for temporary storage of materials and equipment related to electric utility line upgrade activities.]
AT THIS TIME WE ONLY HAVE ONE AGENDA ITEM TO DISCUSS TODAY BUT IT'S ALSO AN ITEM THAT MAY HAVE SOME LEGAL RAMIFICATIONS. AND SOME DISCUSSION ASSOCIATED WITH IT SO LET ME ANNOUNCE WHAT IT IS THEN ASK OUR COUNTY ATTORNEY IF IT MIGHT BE IN OUR BEST INTEREST TO HAVE SOME LEGAL ADVICE BEFORE WE MAKE THIS DECISION. IT IS DISCUSSED AND CONSIDERED APPROVAL OF STORAGE MATERIAL WITH A. E. P. TEXAS FOR THE TEMPORARY STORAGE OF EQUIPMENT AND MS. DORSEY, THIS HAS AN EASEMENT IS A LEGAL DOCUMENT. IS IT TO OUR BENEFIT TO MAYBE MAYBE HAVE LEGAL DISCUSSIONS TO ASK WHY IT IS WE'RE BEING ASKED TO DO THIS AND -- AND IN OUR INTEREST?[3. EXECUTIVE SESSION: PUBLIC NOTICE is given that the Commissioners Court may elect to go into an Executive Session anytime during the meeting to discuss matters listed anywhere on the Agenda, when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code. To the extent there has been a past practice of distinguishing items for public deliberation and those for executive session, the public is advised that the Court is departing from that practice, and reserves the right to discuss any listed agenda items in executive session when authorized by law to do so. In the event the Commissioners Court elects to go into Executive Session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the Executive Session will be publicly announced by the presiding officer. In accordance with the authority of the Government Code, Vernon’s Texas Codes, Sections 551.071, 551.072, 551.073, 551.074, 551.0745, 551.076, 551.086, 551.087, the Commissioners Court will hold an Executive Session to consult with attorney(s) including matters related to litigation; deliberate regarding real property, prospective gift(s), personnel matters, including termination, county advisory bodies, security devices, and/or economic development negotiations and other matters that may be discussed in an Executive Session. Upon completion of the Executive Session, the Commissioners Court may in an open session take such action as appropriate on items discussed in an Executive Session.]
>> YES, JUDGE, VERY BRIEFLY IF WE COULD. VERY BRIEFLY.
>> IN THAT CASE I'LL GIVE PUBLIC NOTICE COMMISSIONER COURT WILL GO INTO EXECUTIVE SESSION, WE'LL GO TO AS AUTHORIZED BY CHAPTER 551 AND IN VERN SEX WITH O 071, 001073, 4, 5, 86 AND 87. WE'RE GOING TO CONSULT WITH THE ATTORNEY RELATING TO MATTERS THAT HAVE BEEN JUST ANNOUNCED AND UPON COMPLETION OF THIS EXECUTIVE SESSION WE'LL COME BACK INTO OPEN SECTION AND TAKE ACTION ON THE APPROPRIATE ITEM AS WE DISCUSSED IN EXECUTIVE.
FOR THOSE OF YOU HERE REPRESENTING A. E. P. WE'LL ASK YOU TO STEP OUT MOMENTARILY AND CLEAR THE COURTROOM IF YOU ARE NOT NEEDED IN EXECUTIVE SESSION.
. AND WE'LL CALL YOU RIGHT BACK IN. THE TIME --
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>> ALL RIGHT. IN THAT CASE, CONNIE SAYS WE'RE GOOD TO GO. IT'S 9:58 AM. AND I WOULD LIKE TO BRING US BACK ON THE RECORD. WE'VE JUST CONCLUDED OUR EXECUTIVE SESSION AND I'LL DIRECT OUR ATTENTION BACK TO THE REGULAR AGENDA ITEM. AND ASK IF THERE'S A MOTION AND WE'LL GET TO DISCUSSION FOR THOSE OF YOU THAT ARE HERE
>> SECOND. >> THANK YOU, BUT THERE IS A MOTION FOR THE APPROVAL OF THE LICENSE AGREEMENT WITH AEP TEXAS FOR TEMPORARY STORAGE OF MATERIALS.
>> I MEAN AS FAR AS A MOTION IT HAS TO BE MOVED WITH AN DEGREE WITH AND IT WOULD BE --
>> YES, RECOMMENDATION TO APPROVE. YOU KNOW, I MAKE MAKE A MOTION. BACK ON DISCUSSION --
>> RIGHT, I WANT TO MAKE SURE THAT WE HAVE THE MOTION IS TO CONSIDER THE APPROVAL AND THAT'S THE MOTION BY GONZALEZ AND A SECOND BY HERNANDEZ. AND YOUR, THE EXTRA PIECE OF IT IS THAT IT WOULD BE SIGNED BY COASTAL
>> AS HAS BEEN PREPARED BY THE COUNTY ATTORNEY.
>> THAT'S CORRECT. >> MOTION, SECOND, I'LL CALL FOR DISCUSSION IT WOULD BE HELPFUL FOR THE AUDIENCE AND THE RECORD, JENNY, FOR YOU TO EXPLAIN THE PROCESS.
>> OKAY. WHAT WE'RE ASKING THE COURT TODAY TO DO IS TO MAKE THAT RECOMMENDATION FOR THE APPROVAL TO COASTAL PARKS, AND THEN COASTAL PARKS CAN SIGN AND DO THE NORMAL RATIFICATION PROCESS THAT WOULD HAPPEN UNDER THESE CIRCUMSTANCES FOR ANY AGREEMENT. AND THEN THE AUDITOR CAN TALK ABOUT HOW THE MONEY CAN BE ADDRESSED, BUT SINCE COASTAL PARKS DOESN'T HAVE THE SAME PROCUREMENT REQUIREMENTS THAT THE COMMISSIONER COURT DOES WE BELIEVE THIS IS A STREAMLINED AND CLEAN WAY TO
DO THIS. >> THANK YOU. EDWARD, HERRERA, YOU ARE HERE, WOULD YOU MIND REPRESENTING TO THE COURT THIS IS A FAIR MARKET VALUE PAYMENT FOR THE EASEMENT? I WANT TO HEAR, YOU ARE THE ONE THAT HELPED BRING IT TOWARD AND AEP, YOU COULD ALSO CHIME IN BUT TO PUT IT ON THE RECORD THAT THIS IS --
>> JUDGE, WE LOOKED AT THE AGREEMENT, COMMISSIONER CHESNEY AND I IN 2015. IT WAS ABOUT $20,000 FOR ABOUT 10 ACHE SOARS THIS IS -- 2022.
>> 16 ACRES, ABOUT 2500 AN ACRE INCLUDING INCREASES DUE TO THE ECONOMY AND STUFF LIKE THAT. SO --
>> YOU BELIEVE IT TO BE FAIR MARKET VALUE? OKAY. THAT'S ALL I NEEDED TO MAKE SURE THAT WAS ESTABLISHED AND FOR THOSE OF YOU THAT DON'T KNOW AEP IS PROVIDING UPGRADES FOR THE UTILITIES IN THE FLOWER BLUFF AREA AND THIS IS NEEDS AS A LAY DOWNYARD TO MAKE SENSE BUT WOULD YOU LIKE TO MAKE ANY COMMENTS? I THINK ABSOLUTELY IF YOU WOULD JUST USE THE PODIUM, THAT HELPS US KEEP THE
RECORD. >> GOOD MORNING, I'M JOHN GARCIA, I'M A SUPERVISOR FOR AEP TEXAS, IN THE REAL ESTATE GROUP. THIS LAY DOWN YARD FROM TIME TO TIME WE'VE HAD TO REACH OUT TO THE COUNTY OVER THE YEARS TO BE ABLE TO UTILIZE THE N. A. S. PROPERTY ARCHED -- THE N. A.
S. SUBSTATION EXISTS THERE TO SUPPORT FLOWER BLUFF AS WELL AS THE ISLAND AND THE WAY, WE'VE HAD UPGRADES IN EQUIPMENT FROM TIME TO TIME, UPGRADES ON A FEW LINES ON THE FLOWER BLUFF SIDE. THIS TIME AROUND WE'RE NEED TOWING UPGRADE THE TRANSPORTATION LINE THAT RUNS ACROSS THE INTERCOASTAL ISLAND OVER TO MUSS TANK ISLAND AND BACK TO THE OTHER SITE WHICH IS NORTH POTTER ISLAND. WE'VE UPGRADING TRANSMISSION LINE. THIS USE OF THE PROPERTY IS TEMPORARY THROUGH DECEMBER 31ST OF 2023. AND SO WITH THAT WE NEED TO DO SOME PREPPING OF THE PROPERTY. JUST GRADING, TAKING AWAY THE SHRUB. WE DO HAVE ACK SHE IS VIA A ROAD EXISTING ALREADY TO THE N. A. S. SUBSTATION SITE BUT THIS IS A STAGE OF MATERIAL WHILE WE'VE CREWS OUT IN THE AREA, CROSSING THE WATERS, THE LAND TO BE ABLE TO UPGRADE THE LINE FROM A 61
TO 13 K.B. >> TIME IS OF EAT SENSE --
>> THAT'S CORRECT, WITH THE MATERIALS WE HAVE NOW FINALLY AND THE CLEARANCES RAY LOU USES TO UPGRADE THE TRANSMISSION LINE WE HAVE A WINDOW OF OPPORTUNITY WE NEED TO WORK WITH AND TIME IS OF THE ESSENCE FOR US TO GET ON THE PROPERTY, START PREPARING THAT AS MATERIALS
HAVE BEEN ORDERED. >> THANK YOU, SIR. JENNY,
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AGAIN, SINCE WE HAVE REPRESENTING COASTAL PARKS HERE TODAY TWO MEMBERS OF THE BOARD. TROY ADLER, BOB FAULTSON IS HERE AS WELL. WE UNDERSTAND THAT BECAUSE THE COUNTY DOES OWN THE PROPERTY, THAT'S WHY IT WAS IMPORTANT TO HAVE THIS SPECIAL MEETING TO DETERMINE THE REVIEW OF THE AGREEMENT, THE TERMS OF THE AGREEMENT AND ALSO WE WANTED TO MAKE CERTAIN THAT OUR AUDITOR DID AT LEAST WEIGH IN THE PAST DEAL, THESE TYPES OF PAYMENTS HAVE REVERTED BACK TO THE REVENUE OF THE COASTAL PARKS DURING THAT FISCAL YEAR BUDGET. CAN YOUCONFIRM THAT WILL ALSO HELP. >> YES, YOUR HONOR, FUNDS WERE DISTRIBUTED IN DEPARTMENT 180 WHICH IS OUR COASTAL PARKS FUNDS. THAT'S WHERE WE'LL APPLY THE FUNDS
WE RECEIVE. >> VERY GOOD. AGAIN. THE LAST ISSUE, BECAUSE THE COURT HAS GIVEN CONTROL ON THE PROPERTY FOR THE MAINTENANCE AND THOSE IN CONTROL WHICH IS THE COASTAL PARKS AND REPRESENTATIVE OF COASTAL PARKS FOR THEM TO SIGN BUT YOU DO THINK THAT IT WOULD BE PRUDENT FOR THEM TO HAVE THEIR BOARD HAVE A MEETING AT THEIR EARLIEST CONVENIENCE, POST AN OPEN MEETING AND ADDRESS THE ISSUE FOR RATIFICATION?
>> YES, WE WOULD ASK THEY CONSIDER SIGNING IT TODAY ON MAV OF BEHALF OF THE BOARD THEN TAKE IT BACK TO THE BOARD FORERATIFICATION AS SOON AS THEY'RE ABLE. AND HAVE THAT VOTE CONSIDERED BY THE BOARD, DECIDE WHAT THEY'RE GOING TO DO WITH THAT.
>> EXCELLENT. AGAIN, JUST TO CONFIRM EVERYBODY, THAT'S BECAUSE THE COUNTY ATTORNEY BELIEVES THE PROPERTY INTEREST IS WITH THE COMMISSIONER COURT BUT THE CONTROL IS WITH YOU. SO AS THEY SAY, WE THINK THIS PROCESS IS SOUND LEGALLY, BUT WE CAN HAVE YOU GUYS ADDRESS IT IN RATIFICATION PROCESS.
ALSO I HAVE TO TELL YOU WE DISCUSSED AND I THINK IT'S FAIR FOR YOU TO KNOW THAT IF FOR ANY REASON YOUR BOARD DECIDED NOT TO APPROVE THE PROCESS YOU WOULD HAVE THE RIOT AND YOU WOULD HAVE TO NOTIFY AEP. THAT IS ALWAYS IN THE REALM OF PENALTIES SO YOU HAVE ULTIMATE AUTHORITY FOR 9 RATIFICATION, THAT SHOULD GIVE YOU COMFORT THAT YOUR BOARD SAYS NO, 48 HOURS OR 72 HOURS FROM NOW, THE PROCESS COULD BE HALTED. I DON'T THINK THAT'S GOING TO BE THE CASE WITH YOUR EXCELLENT PRESENTATION, AND THE NEED AND THE URGENCY BUT OF COURSE THE PROCESS IS, IS IMPORTANT TO BE VALUED. WITH THAT, ARE THERE ANY
OTHER COMMENTS AT ALL -- >> I WANT TO THANK THE COASTAL PARKS FOR COMING IN. IT'S LATE IN THE GAME AND WE KNOW THIS WAS PLAN B. LATER DOWN THE ROAD WE DIDN'T EXPECT BUT I WANT TO THANK YOU FOR JUMPING IN AND HELPING OUT WITH THIS PROJECT HERE AND, AND YOU HELPING A LOT OF PEOPLE OUT, TOO, BECAUSE AEP WILL BE SERVICING A LOT OF PEOPLE IN THE FLOWER BLUFF AND NAVAL AIR STATION, THANK YOU VERY MUCH. WE APPRECIATE YOU AND
THE BOARD. >> OKAY. WITH THAT ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.
VOTE. THE MOTION DOES PASS BUT I DO BELIEVE BUT I BLOW DOVE THERE ARE NO OTHER ITEMS OTHER THAN I'M GOING TO REOPEN PUBLIC COMMENT BECAUSE I RECEIVED AN E-MAIL AND I FEEL LIKE THIS IS A GREAT OPPORTUNITY FOR ME TO MENTION IT. I CANNOT BELIEVE IT BUT FROM IS A POTENTIAL FOR A HURRICANE TO ENTER THE SOUTHERN GULF THIS WEEK. WE ARE IN EMERGENCY MANAGEMENTS LOOKING AT IT, AND IT WILL AT LEAST HAVE CHOPPY SEAS, ELEVATED SURFS AND POSSIBLE FLOODING ON THE COAST. THESE ARE EARLY PROJECTIONS. I'M ASKING EVERYONE TO TAKE AWARENESS. THAT'S ALL.
PARTICULARLY SINCE I HAVE THE LUXURY OF HAVING COASTAL PARKS IN FRONT OF ME. SO UNUSUALLY LATE IN THE SEASON. HOWEVER, AGAIN EMERGENCY MANAGEMENT GAVE ME THAT E-MAIL WHILE WE'RE HERE SO I DID WANT TO TELL EVERYBODY CONTINUE TO MONITOR ALL THE GOOD WAYS THAT YOU DO YOUR INFORMATION FROM OFFICIAL HIGHLIGHT, BOLD OFFICIAL SOURCES. WITH THAT IF THERE IS ANYBODY ELSE, CERTAINLY, THANKS TO EVERYBODY FOR MAKING THEIR TIME AVAILABLE TODAY. BE SAFE AND HAPPY HALLOWEEN.
WE'RE OFF THE RECORD. I'LL ADJOURN AT
* This transcript was compiled from uncorrected Closed Captioning.