EMAIL SENT | 4-27-2025

To: Members of Texas Township Board

Imagine a farmer who has consistently grown crops the same way without ever noticing a change in the weather. Suddenly, some crops fail, and the farmer quickly blames the weather. However, if the farmer examines their practices, they might realize that they have been depleting the soil, not watering it properly, and not using the best seeds. These are actions they've taken themselves that are hurting the crops. The weather might not be the problem, but rather the farmer's actions.

Texas Township has experienced its most extended recorded flood since its establishment. The lake ecosystem of Texas Township never needed to incorporate a multi-million dollar pump output system. Today, all residents depend on the life support pumping system. Even with the life support pumping system, residents continue to express heightened sensitivity to flooding nearly a decade later. Members of the Township Board heard these concerns just weeks ago and are unlikely to see these concerns dissipate anytime soon.

The parable emphasizes the need for self-reflection on the behaviors we can control before attributing reasoning to external factors out of our control. At first, the farmer assigned blame to one factor (weather) because it was easier than working on the real solutions. When the farmer's underlying needs became realized, the farmer needed to address not just one but several. 

I often wonder if we have become like the farmer who initially blamed the weather without considering other possible causes or fully understanding the actual needs. Something in our town has caused a drastic change. The question has always been: What has changed in our town's recent history, creating a drastic shift in water-related issues above and below grade? I believe those answers exist but require a change in mindset - just like the farmer.  

The Sanctuary development aims to create a harmonious living environment that balances community and nature, providing ample space for residents to enjoy privacy and connection. AVB is a reputable construction company, and no one should cast doubt with concern regarding its purpose and intent. I request to pause for a moment of self-reflection and examine all potential risks and behaviors to ensure that future and existing residents remain safe while enjoying the beauty of our town.

EMAIL SENT | 4-20-2025

To: Texas Township Board

Residents are becoming familiar with the Sanctuary's approval process, which shifted from the frequently used ClearZone Ordinance approval to the General Ordinance approval process at some point. One of these processes involves the Planning Commission (primarily used), while the other does not include the Commission (rarely used.)

 Rarely Used for Approval

General Ordinance
Chapter 16 – LAND DIVISIONS AND SUBDIVISIONS CONTROL
ARTICLE III – SUBDIVISION CONTROL
DIVISION I – GENERALLY
Sec 16-81 & Sec 16-82

 Primarily Used for Approval

ClearZone
Chapter 6

On the evening of July 10, 2023, the Texas Township Board voted to grant Preliminary Plat Approval for The Sanctuary under the General Ordinance. Some board members expressed concerns about the plat approval process, emphasizing that the Planning Commission was an important initial step. Despite these concerns, the request for Preliminary Approval was ultimately granted.

The following evening, on July 11, 2023, the Planning Commission was notified about the vote for approval.  The Planning Commission members appeared perplexed, as they had not encountered a plat approval under the General Ordinance in a long time, and despite of the application’s original purpose being “for obtaining Planning Commission review.”

Questions:

  • The Residential Step 1 – Planning Commission Application was used for this application. Is there a different application for General Purpose applications for developers who wish to bypass the Planning Commission review and go directly to the Township Board? Where is it on the township website?

  • If the township Planning Commission wasn’t aware of the subdivision approval until the next night after granting approval, how is any resident to know how the application is to be handled who may want the opportunity to express concerns?

  • The disclosure states that the application's purpose is to "obtain a review from the Planning Commission." Who in the township can change the application's original disclosure for its purpose and intent?

  • How can anyone determine whether the application will be processed under the General or Planning Commission Ordinance when submitted for review?

  • How do developers maintain trust when two approaches are available, with one developer requiring full Planning Commission review and the other not?

  • Suppose the applicant signs the application with intent for the Planning Commission review but is allowed to change it for approval under General Purpose. How do we, as residents, get any say in this?

  • What communication plan ahead of final approval is being strategized for residents who may experience costly mandatory sewer hook-up fees for the extension of miles of sewer pipe, which includes subdivisions along the newly proposed pipe route?

  • If none of what is written above feels wrong, then why should any resident continue to appear before you or write?

  • If what is written above is wrong, then what is the board willing to do to make it right?

EMAIL SENT | 4-18-2015

To: Texas Township Board

Article VI in Chapter 10 of the Texas Township Environment Municipal Code safeguards groundwater for residents' general health and safety.

In 2017, the current engineer, Tom Wheat, was assigned a request to explore a capital improvement plan to begin determining the cost of extending the sewer line westward of Eagle Lake. The capital improvement plan scored high on the township's list of needs. Tom provided the cost estimate, but the board did not immediately implement the extension.   

Later that same year, a massive flood struck the entire town. Rising surface waters caused a significant increase in surface and groundwater levels throughout the area. Numerous residents began pumping water down the sewer lines as they had no other means to "hold" to protect their safety and general welfare. Waters kept rising, and the City of Portage warned Texas Township of main force sewer line overload. 

In 2019, Texas Township reevaluated the sewer extension plan to alleviate the burden on the primary forced main line in response to concerns from the City of Portage. However, Tom informed the board that installing a buried sewer line would require dewatering or pumping groundwater to lay the pipe. With water levels already rising, there was no suitable location to discharge the pumped water, making the burial of a sewer line in groundwater a potentially unwise decision. Additionally, the decision to place a sewer pipe in groundwater may qualify as violating the Township Wellhead Ordinance Act and was likely weighed as a township risk.   

Research indicates sanitary sewer failures are more prevalent than many know. Reasons for failures vary from situations such as:

  • Age of the pipe

  • Cracks to the pipe that eventually involve more extensive failures

  • Tree roots penetrating the pipe

  • Soil conditions (wet or dry) for where the chosen location for the pipe

  • Freezing of the pipe due to high groundwater conditions around the pipe

More recently, Texas Township replaced the main forced line at 12th Street due to multiple breaks from corrosion as requested by the City of Portage.

Questions:

A) Three soil boring for the current proposed plat created identical results. The test began drilling down at an elevation of about 910 feet. Within 6 feet, wet to most conditions appeared. Are the wet conditions from rising groundwater as occurred in 2019?

B)  The elevation of the sewer pipe appears to be placed below 900 feet.  This elevation is below the current “ordinary” water line for Eagle and Pine Island Lakes.  If wet conditions are indicated only six feet below the ground, won't the sewer pipe be in groundwater as occurred in 2019, increasing risk of pipe failure?

C)  Assuming conditions are dry today but deteriorate tomorrow. Is Texas Township to assume responsibility for a potential failure, knowing the events of 2019 and the need to dewater the entire area to place a sewer line in “wet conditions” that may freeze and burst the pipe?

 D) Is a backup plan for the long-term solution available should Texas Township lose its ability to pump downstream lake water, which all residents depend on, should a contamination event occur?

EMAIL SENT | 4-7-2025

To:  Texas Township Board

 An ordinance article is a specific section or part of a local law or ordinance enacted by a city, county, or other local government to address a particular issue or regulation. Texas Township organizes these articles under the Clearzone Ordinance by chapter.   Please refer to Chapter 6.

 At the beginning of the article, it states, "A building permit shall not be issued until a site plan or sketch plan has been reviewed and approved according to this Article." The Article continues by delegating nearly all site plan review requirements to the Planning Commission.

 However, at the time of the vote, the Township believed that "the omission of the Planning Commission review is not significant due to the multiple layers of review involved" and bypassed the Planning Commission review.

 Questions

  • If the steps required in the Article become skipped, can the Township issue a building permit?

  • How can the Township issue a building permit if it did not follow the steps outlined in the Article as defined by "shall" and "in accordance to this Article"?

  • Does the word "shall" carry the same obligation for the Township Board to follow when voting for a new Site Plan as it does for a citizen or builder wishing to construct?  

 Thank you for your consideration and continued dialogue to get this right for the future.

EMAIL SENT | 3-30-2025

To:  Texas Township Board Members

 The planning commission's primary responsibility is to serve as an advisory body to the governing body on planning and land development issues, including developing comprehensive plans, reviewing development proposals, and making recommendations on zoning ordinance amendments. A short list of these crucial responsibilities include:

Review Subdivision and Condominium Proposals and Recommend Appropriate Actions to the Township Board

  • Developing and Maintaining Comprehensive Plans

  • Reviewing Development Proposals

  • Advising on Zoning Ordinance Amendments

  • Providing Recommendations on Land Use and Development

  • Ensuring Consistency with Plans and Regulations

  • Advocating for Community Interests

  • Review and Advise on Plans for Capital Improvements  

The Sanctuary is a subdivision of 40 single-family homes that received initial preliminary approval from the Township Board. This decision bypassed the Planning Commission's review since the board granted preliminary approval without involving the Planning Commission.

Question for Consideration

Why was it decided to deviate from standard ordinance procedures for this particular plat?

The Planning Commission has a crucial responsibility, which includes ensuring that plans and regulations are consistent and advocating for the interests of the community. It serves as a "check and balance" between the Township Board and represents the community's feelings on various concerns, objections, and support. Without the involvement of the Planning Commission, the community lacks a platform to voice its objections and concerns.

Question for Consideration

Why did the Texas Township Board approve the proposal without allowing our community to voice concerns at a Planning Commission meeting, which has been the standard practice for new subdivision requests?

Frequent updates to township ordinances occur as township needs and changes arise. Ordinances provide clear understanding between the township and a person who may inquire about a particular need. Residents and applicants are mandated to follow each standard within the ordinance. However, for this subdivision, the Township Board and Planner decided to divert from the book and chapter steps by voting to approve Preliminary Approval without any planning Commission review - an infrequent event.

Question for Consideration

Is this a double standard that residents "must abide" by ordinances, but the Township Board "might" abide by them if they choose?\

Recommendation

I urge the board to draft new language and vote to permanently end Preliminary Approval for new subdivision requests without first conducting a full Planning Commission review. Implementing a township standard and policy as such will safeguard the public's interests, promote the Planning Commission's crucial responsibility, and ultimately mitigate risks for all involved. It is a reasonable, responsible, and logical ask. 

 We can learn from the past for a better future.