May 12, 2025 Commissioners Court Special Meeting

[00:00:02]

AT THE ROCKWALL

[A) INVOCATION]

I'M GONNA CALL THIS SPECIAL MEETING TO ORDER.

I'M GONNA ASK COMMISSIONER ALANA TO LEAD US IN OUR INVOCATION, AND THEN COMMISSIONER M**K TO LEAD US IN OUR PLEDGES.

ALRIGHT, PLEASE JOIN ME A PRAYER.

LORD, THANK YOU FOR THIS WONDERFUL DAY.

THANK YOU FOR ALLOWING US TO SERVE, UH, ROCKWALL COUNTY, GREAT STATE OF TEXAS.

UH, PLEASE BE WITH US TODAY, UM, AS WE MAKE DECISIONS THAT'LL IMPACT THE COUNTY GOING FORWARD FOR A LONG TIME.

PLEASE HELP US HAVE CLEAR MINDS.

HELP US BE OPEN TO IDEAS AND BE WITH US AS WE MAKE OUR DECISIONS.

IN YOUR NAME, PRAY, AMEN.

AMEN.

AMERICAN FLAG, THE UNITED STATES OF AMERICA AND IT IN THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

NOW, TEXAS, HONOR, TEXAS FLAG, I PLEASURE USE TO BE TEXAS.

ONE STATE UNDER GOD, ONE AND INDIVISIBLE.

ALL RIGHT, THANK YOU COMMISSIONERS.

THAT BRINGS US TO AGENDA ITEM NUMBER ONE, THE PUBLIC FORUM.

IT'S THE PUBLIC'S OPPORTUNITY TO ADDRESS THE COURT ABOUT ANY COUNTY MATTERS, AND IF ANYONE WOULD LIKE TO SPEAK SCENE, NO ONE.

WE'LL MOVE ON TO AGENDA ITEM

[2. Discuss/ Act on Order regarding Apportionment costs for River Rock Trails, and DR Horton Appeal dated March 4, 2025, and all related issues; (Judge New) (Part 1 of 2)]

AND AT THIS POINT, I'M GONNA TAKE

[3. EXECUTIVE SESSION]

THE COMMISSIONER'S COURT OF ROCKWELL COUNTY RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME DURING THE COURSE OF THIS MEETING TO DISCUSS ANY OF THE MATTERS LISTED IN THIS AGENDA IN THE ORDER DEEMED APPROPRIATE IS AUTHORIZED BY CHAPTER 5 5 1 OPEN MEETINGS, TEXAS GOVERNMENT CODE SECTION SECTIONS 5 5 1 0 7 1 5 5 1 0 7 2 5 5 1 0 7 3 5 5 1 0.0 7 4 5 5 1 0 7 4 5 5 5 1 0 7 5 AND 5 5 1 0.076, OR TO SEEK THE ADVICE OF ITS ATTORNEY AND OR OTHER ATTORNEYS REPRESENTING ROCKWALL COUNTY ON ANY MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE COMMISSIONER'S COURT UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR, TEXAS CLEARLY CONFLICTS WITH CHAPTER 5 5, 1 OF THE TEXAS GOVERNMENT CODE OR IS OTHERWISE MAY BE PERMITTED UNDER CHAPTER 5, 5, 1 AT 9 0 3.

WE'RE IN EXECUTIVE SESSION.

YOU READY, CANDACE? ALL RIGHT.

THANK YOU EVERYONE.

AT 10 0 8,

[4. RECONVENE IN OPEN SESSION (Part 1 of 2)]

THE COMMISSIONER'S COURT WILL RECONVENE AND OPEN SESSION TO TAKE ANY ACTION NECESSARY ON MATTERS DISCUSSED IN EXECUTIVE SESSION.

AND I WILL TELL YOU NO ACTION TAKEN IN EXECUTIVE SESSION.

SO THAT BRINGS US TO AGENDA ITEM FIVE, WHICH I'M GOING TO SAVE TILL TOMORROW.

UH, JUDGE, TURN ON YOUR SPEAKER THERE, SIR, PLEASE JUDGE, I HAVE A MOTION.

UM, I WOULD LIKE TO MAKE A MOTION THAT WE RECESS TODAY'S MEETING AND RECONVENE IT AT 8:00 AM MAY 13TH AT THE ROCKWALL COUNTY HISTORIC COURTHOUSE ON THE THIRD FLOOR AT 1 0 1 EAST RUSS CITY OF ROCKWALL, FOR THE PURPOSE OF CONSIDERING THE ITEMS SET FORTH ON TODAY'S AGENDA, GOT A MOTION BY COMMISSIONER LICHTY.

I'LL SECOND.

GOT A SECOND BY COMMISSIONER STACEY.

I HAVE A QUESTION.

UM, PLEASE ASK YOUR QUESTION, OUR ATTORNEY, ANY CONCERNS ABOUT THE MOTION THAT WAS JUST MADE? NO, THAT WAS CORRECT.

THANK YOU.

OKAY.

OKAY.

WE HAVE A MOTION BY COMMISSIONER LICK DA SECOND BY COMMISSIONER.

STACY, IF YOU WILL REGISTER YOUR VOTES NOW.

I DON'T, I DON'T HAVE A VOTE, BUT I WANNA SAY MINE IS AYE AYE.

JUST PRESS IT AND IT SHOULD POP UP.

OH, GOT IT.

ALL RIGHT.

WE STILL NEED ONE MORE VOTE.

ALL RIGHT.

IT PASSES FIVE TO ZERO.

WE WILL RECONVENE HERE AT EIGHT O'CLOCK IN THE MORNING.

SO AT 10 10 WE'RE ADJOURNED.

[4. RECONVENE IN OPEN SESSION (Part 2 of 2)]

[00:05:10]

GOOD MORNING EVERYONE.

IT IS MAY 13TH, IT'S 8:00 AM WE'RE GONNA RECONVENE INTO OUR SCHEDULED SPECIAL MEETING, UH, AND WE ARE GOING TO GO RIGHT INTO AGENDA ITEM NUMBER ONE.

WE'RE GONNA ALLOW THE PUBLIC FORUM AGAIN, IF ANYBODY'D LIKE TO ADDRESS THE COUNTY, SEE YOU NO ONE.

UH, WE WILL GET INTO

[2. Discuss/Act on Order regarding Apportionment costs for River Rock Trails, and DR Horton Appeal dated March 4, 2025, and all related issues; (Judge New) (Part 2 of 2)]

AND AT THIS POINT, I'M GONNA TAKE THE COURT INTO EXECUTIVE SESSION.

THE COMMISSIONER'S COURT OF ROCKWELL COUNTY RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME DURING THE COURSE OF THIS MEETING TO DISCUSS ANY OF THE MATTERS LISTED IN THIS AGENDA IN THE ORDER DEEMED APPROPRIATE AS AUTHORIZED BY CHAPTER 5 5 1 OPEN MEETINGS, TEXAS GOVERNMENT CODE SECTION 5 5 1 0 7 1 0 7 2 0 7 3 0 7 4 0 7 4 5 AND 0 7 5 AND 0 7 6, OR TO SEEK THE ADVICE OF ITS ATTORNEY AND OTHER AND OR OTHER ATTORNEYS REPRESENTING ROCKWELL COUNTY ON ANY MATTER WHICH IS THE DUTY OF THE ATTORNEY TO THE COMMISSIONER'S COURT UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS, CLEARLY CONFLICTS WITH CHAPTER 5 5, 1 OF THE TEXAS GOVERNMENT CODE OR AS OTHERWISE MAY BE PERMITTED UNDER CHAPTER 5 5 1 AT 8 0 2.

WE'RE AN EXECUTIVE SESSION.

YES, SIR.

ALL RIGHT, EVERYONE.

WE'RE OPEN SESSION PURSUANT TO THE OPEN MEETINGS ACT, CHAPTER 5 5 1, TEXAS GOVERNMENT CODE SECTION 5 5 1 0.001.

THE COMMISSIONER'S COURT WILL RECONVENE INTO OPEN SESSION TO TAKE ANY ACTION NECESSARY ON MATTERS DISCUSSED IN EXECUTIVE SESSION.

AND I CAN TELL YOU NO ACTION WAS TAKEN.

WE ARE STILL ON AGENDA ITEM TWO, DISCUSS AND ACT ON ORDER REGARDING APPORTIONMENT COSTS FOR RIVER ROCK TRAILS AND DR. HORTON APPEALS DATED MARCH 4TH, 2025 IN ALL RELATED ISSUES.

AND JUST TO GIVE US A BRIEF HISTORY OF WHERE WE'RE AT AND WHY WE'RE HERE TODAY, WE, WE, UH, HAD, UH, OUR VERY FIRST APPEAL, WE HAD OUR VERY FIRST CASE OF APPORTIONING OUT INFRASTRUCTURE FEES, UH, FOR A DEVELOPMENT.

AND THEN WE GOT OUR VERY FIRST APPEAL.

SO WE HAD OUR VERY FIRST APPEALS COURT, AND NOW WE'RE AT THE POINT TO WHERE WE HAVE TO RULE ON THE APPLICANT'S APPEAL OF OUR INFRASTRUCTURE APPORTIONMENT.

SO THAT'S WHERE WE'RE AT TODAY.

OUR GENERAL COUNSEL IS DOWN PRINTING AN ORDER AS WE SPEAK.

UH, BUT COMMISSIONERS, WE'VE ALL HAD A CHANCE TO READ THE ORDER.

WE'VE ALL HAD A CHANCE TO, UH, BECOME INTIMATELY INVOLVED IN THIS.

UM, SO I WOULD, UH, JUST OPEN IT UP FOR CONVERSATIONS, QUESTIONS, UH, CONCERNS AT THIS POINT.

UM, I, I, I THINK THE PROCESS, WHILE IT'S NEW FOR US, UH, AND THIS IS THE FIRST ONE IN THE STATE OF TEXAS, UH, I, I THINK WE'VE MADE THE PROCESS FAIR.

UH, I THINK WE'VE FOLLOWED THE LEGAL GUIDELINES AND, AND, UH, I THINK WE'VE, UM, UH, WE'LL, WE'LL REACH A, A FAIR DECISION.

YEAH, I AGREE.

UM, I JUST WANTED TO THANK EVERYBODY FOR ALL THE DUE DILIGENCE THAT WE DID.

WE SPENT A LOT OF TIME, IT'S VERY IMPORTANT DECISION.

UM, LIKE THE JUDGE SAID, THIS IS THE FIRST TIME WE'VE, UH, DONE SOMETHING LIKE THIS.

AND SO WE REALLY TOOK OUR TIME TO MAKE SURE THAT WE DID IT RIGHT.

UM, AND I APPRECIATE THAT.

AND I THINK WE HAVE, UM, I THINK WE'VE COME TO A GREAT CONCLUSION ON IT, AND I'LL SUPPORT THAT.

AND I, I BELIEVE THAT OFTENTIMES WITH THIS BEING THE FIRST, AND WE'RE KIND OF TREADING WATERS WE MAYBE HAVEN'T BEEN IN BEFORE, BUT I DO THINK THAT, UM, HOPEFULLY WE HAVE LEARNED SOME, SOME FROM THIS.

BUT MAINLY I LIKE THAT WE, WE LOOKED AT OPPORTUNITIES FOR COLLABORATION AND POSSIBLE COMPROMISES, BUT, BUT NOT WHERE ONE PERSON WINS, ONE PERSON LOSES, BUT REALLY WHERE THERE WOULD BE SOME MUTUAL AGREEMENTS THAT ARE FOR THE BEST AND THE GOOD FOR THE CITIZENS OF ROCKWALL COUNTY, AND HOPEFULLY GOING FORWARD, OTHERWISE, SINCE WE'RE GONNA SKIP, UH, LAUREN WHO'S MAKING NOTES, WE'RE, WE'RE NOT, WE'RE NOT SKIPPING ANYMORE.

WE'RE, WE'RE GOING, WE WERE GOING IN ORDER.

WE WERE DOING SO GOOD.

WHERE WERE YOU SERVING HIS TIME? .

I'M TOTALLY KIDDING.

I, I, I JUST, I SEED MY TIME TO COMMISSIONER STACY .

I, I, I JUST WANNA THANK, UM, COMMISSIONER

[00:10:01]

I WANT TO SAY THAT, UH, THIS IS DEFINITELY, UM, A VERY TECHNICAL THING FOR US TO DO.

IT IS THE FIRST TIME WE'VE EVER DONE ANYTHING LIKE THIS.

AND WITHOUT YOUR LEADERSHIP AND STEWARDSHIP THROUGH THIS PROCESS, UH, LAUREN, I DON'T THINK THAT WE WOULD'VE BEEN ABLE TO REACH SUCH A GOOD CONCLUSION.

SO I JUST WANT TO EXTEND A THANK YOU TO YOU, UM, TO DANIEL AND ARNOLD FOR ALL YOUR HARD WORK, UM, AND GETTING EVERYTHING DONE.

UM, AND THEN I DID LEARN A NEW PHRASE, AND THAT IS, THE DAY ENDS AT 1159 .

SO I AM GONNA STEAL THAT FROM YOU, COMMISSIONER, AND I'M GONNA USE THAT AT THE END OF THE DAY IS 1159 .

UM, YEAH.

UH, THANK YOU VERY MUCH, COMMISSIONER STACY FOR THOSE KIND WORDS.

AND THAT IS SOMETHING I'VE TOLD MANY CLIENTS MANY TIMES.

UM, I JUST WANNA SAY A COUPLE THINGS.

UM, WHEN WE WENT INTO THIS, AS JUDGE NEW SAID, THIS IS THE FIRST TIME THAT WE HAVE BEEN PRESENTED WITH AN APPEAL.

IT'S THE FIRST TIME I BELIEVE THAT WE'VE DONE THE APPORTIONMENT PROCESS, WHICH WE HAVE A LEGAL RIGHT TO DO, AND WHICH I'M A HUGE SUPPORTER OF.

I THINK THAT IN SITUATIONS WHERE WE HAVE DEVELOPMENTS, ESPECIALLY MAJOR DEVELOPMENTS LIKE THIS, THE DEVELOPER SHOULD BE OBLIGATED TO PAY THEIR SHARE OF DEVELOPMENT COSTS AND INFRASTRUCTURE IMPROVEMENTS.

THE LAW ALLOWS IT.

I WAS VERY PLEASED THAT THE PRIOR COURT, UH, PASSED THIS AND MADE THIS A PART OF OUR SUBDIVISION REGULATIONS.

UM, WE'VE LEARNED A LOT.

AS JUDGE NEW SAID, WE HAD TO ADOPT, UM, DETAILED PROCESSES AND PROCEDURES FOR THIS, UM, WHICH WE DID IN CONSULTATION WITH COUNSEL, AND WE DID, UH, TRYING TO COME UP WITH A VERY ACCURATE AND APPROPRIATE PROCESS TO DO THIS.

UM, WE'VE SPENT AS, UH, COMMISSIONER STACY SAID, WE HAVE SPENT A LOT OF TIME ANALYZING THE LAW AND THE FACTS.

IT'S VERY IMPORTANT THAT WE AS A COMMISSIONER'S COURT, THAT WE AS COMMISSIONERS ABIDE BY THE LAW.

AND, UH, IT'S MY COMMITMENT TO EVERYBODY IN MY PRECINCT THAT I'M ALWAYS GOING TO DO THAT.

AND I KNOW IT'S EVERYONE, EVERYONE OF THE COMMISSIONERS UP HERE IN JUDGE KNEW IT'S THEIR COMMITMENT TO EVERYONE.

SO WE'VE LOOKED AT THIS REALLY HARD, AND, AND THERE'S NOT ONLY LAW, BUT THERE'S FACTS.

AND WHEN YOU SPEND A LOT OF TIME ANALYZING THE LAW AND THE FACTS YOU'RE DEALING WITH, SOMETIMES THERE ARE THINGS THAT YOU'RE REALLY HAPPY TO SEE, AND SOMETIMES THERE ARE THINGS YOU'RE NOT SO HAPPY TO SEE.

AND I THINK, UM, AS I WENT THROUGH THIS PROCESS, I SAW THAT I ANALYZED THE HISTORICAL BACKGROUND OF THIS AS MUCH AS I COULD.

I LOOKED AT WHAT'S BEEN GOING ON THE LAST TWO YEARS ON THIS, AND I, UH, I'M VERY PLEASED THAT THE ORDER THAT OUR COUNCIL HAS PREPARED AND WE'VE SPENT, I'VE ASKED MANY QUESTIONS OF OUR COUNSEL.

I'VE ASKED THEM, UH, VERY DETAILED AND SPECIFIC QUESTIONS, AS HAVE OTHER MEMBERS OF THIS COURT TO TRY AND REACH THOSE SOLUTIONS.

UM, AND I'M CONVINCED THAT WE ARE REACHING A CONCLUSION THAT'S IN COMPLIANCE WITH APPLICABLE LAW, GIVEN THE FACTS THAT ARE BEFORE US IN THIS SITUATION.

UM, AND THAT'S REAL IMPORTANT.

UM, AND FINALLY, GOING INTO THIS PROCESS, IT'S A VERY, UM, CONTENT.

IT CAN BE, IT CAN BE A VERY CONTENTIOUS PROCESS BOTH WITH, UM, THE DEVELOPER, UH, THE LANDOWNER AND THE COURT AND I, AND SOMETIMES IT CAN BE A CONTENTIOUS PROCESS AMONG COURT MEMBERS.

I'M GLAD THAT'S NOT HAPPENED.

UM, GOING INTO THIS PROCESS, ONE OF MY OBJECTIVES WAS THAT WE WOULD WALK OUT OF HERE WITH A UNANIMOUS DECISION, UM, AS, UH, WAS MENTIONED BY JUDGE NEW.

EACH OF US HAS HAD A CHANCE TO LOOK AT THE ORDER THAT WAS PREPARED BY OUR LEGAL COUNSEL.

I AM HOPING THAT WHEN THE VOTE COMES, IT'LL BE UNANIMOUS BECAUSE I THINK IT'S IMPORTANT THAT WE ACKNOWLEDGE THAT WE'RE MOVING TOGETHER AS A BODY AND WE'RE MOVING TOGETHER FOR THE GOOD OF THIS COUNTY.

SO, UM, UH, I WOULD LIKE TO THANK EACH MEMBER OF THE COURT FOR ALL THAT THEY'VE DONE AND ALL THEIR HARD WORK ON THIS.

IT HAS BEEN, UH, DESPITE WHAT COMMISSIONER STACEY'S KIND WORDS ABOUT ME, THIS HAS TRULY BEEN A TEAM EFFORT.

WE'VE WORKED REALLY HARD, AND IT'S BEEN REALLY IMPORTANT THAT WE COME UP WITH A UNANIMOUS CONCLUSION.

AND I HOPE THAT'S THE VOTE WE GET WHEN WE, UH, GET TO SEE THE FINAL RULING, WHICH WE'RE EXPECTING TO BE HANDED.

OH, IT'S HANDED TO US RIGHT HERE.

YEAH.

SO, UM, THAT'S WHAT I GOT TO SAY.

ALL RIGHT.

SO JUST TO SUMMARIZE IT ALL, I, I WOULD LIKE TO ADD A LITTLE APPENDAGE TO THAT AND SAY, UM, YOU KNOW, WE, WE STARTED WITH THE APPORTIONMENT, UH,

[00:15:01]

AND WE, WE HAD IT UNDERNEATH THE PREMISE OF JUST BE A GOOD NEIGHBOR.

JUST BE A GOOD NEIGHBOR.

DON'T, DON'T COME IN AND FUNDAMENTALLY DO SOMETHING THAT REDUCES THE QUALITY OF LIFE OF YOUR NEIGHBOR.

JUST BE A GOOD NEIGHBOR.

AND, AND THROUGHOUT THIS PROCESS, WE, WE'VE NOT LOST SIGHT OF THE CITIZENS THAT, THAT WE SERVE.

SO, UM, THAT THIS IS, UH, QUANTIFYING BEING A GOOD NEIGHBOR.

JUDGE, IF YOU DON'T MIND, I, I WOULD LIKE TO THANK YOU FOR ALWAYS TAKING THAT APPROACH BECAUSE IT IS IMPORTANT.

AND I WOULD ASK THAT ANYONE COMING INTO OUR COUNTY TO DEVELOP REMEMBERS THAT THAT'S WHAT THEY'RE DOING.

THEY'RE BUILDING NEIGHBORHOODS.

THEY'RE BUILDING HOMES FOR THE BENEFIT OF PEOPLE IN OUR COMMUNITY.

WE HAVE A COMMUNITY THAT HAS DEFINED VERY WELL WHAT IT WANTS TO BE.

UM, AS ANYONE WATCHING THE COURT OVER THE LAST FEW MONTHS KNOWS, COMMISSIONER CELICK LED A, A GREAT EFFORT TO COME UP WITH A STRATEGIC PLAN, WHICH DEFINES WHAT WE WANNA BE AS A COUNTY.

AND I WOULD ASK THAT ANY DEVELOPER, UH, WHETHER IT BE DR. HORTON OR ANYONE ELSE WOULD LOOK AT THAT, AND THAT THEY WOULD SAY, WE KNOW WHAT THESE RESIDENTS WANT, AND WE KNOW WHAT THE COUNTY WANTS, AND WE WANNA BE GOOD NEIGHBORS, AND WE WANNA BE GOOD CITIZENS, AND WE WANNA HELP THIS COUNTY ACHIEVE THEIR OBJECTIVES.

SO I'M HOPING THAT THAT'S WHAT THE DEVELOPER GOES, AND THAT'S THE APPROACH THEY TAKE IN THE FUTURE, NOT ONLY THIS DEVELOPER, BUT EVERY DEVELOPER AS WE MOVE FORWARD ON THIS.

ALL RIGHT, WITH THAT, I'LL ENTERTAIN A MOTION.

IF SOMEBODY IS SO INCLINED, I WILL MAKE A MOTION.

I WILL MAKE A MOTION THAT THE ROCKWELL COUNTY COMMISSIONER'S COURT APPROVE THE DRAFT ORDER IN THE FORM ATTACHED THAT IT BECOME THE FINAL ORDER OF THIS COURT IN THE MATTER OF THE APPORTIONMENT HEARING, AND DETERMINATION FOR PHASES ONE A AND ONE B OF THE RIVER ROCK TRAILS MUNICIPAL UTILITY DISTRICT.

HAVE A MOTION BY COMMISSIONER LTI.

I'LL SECOND.

WE HAVE A SECOND BY COMMISSIONER GOANA.

ANY FURTHER QUESTIONS OR COMMENTS? EVERYONE WILL REGISTER THEIR VOTES.

IT PASSES FIVE TO ZERO.

THANK YOU VERY MUCH.

AND THAT BRINGS US TO AGENDA ITEM.

WE'RE GONNA SKIP FIVE AND WE'RE GONNA GET TO AGENDA ITEM NUMBER SIX AT 8 46, WE ADJOURNED.