Letter to Village Board of Trustees

DATE: May 6, 2024

TO: Dan Reuter, Village of Innsbrook Trustee Chair

Cynthia Cook, Village of Innsbrook Trustee

John Simon, Village of Innsbrook Trustee

Donna West, Village of Innsbrook Trustee

CC: Chris Graville, Village Attorney

Nathan Bruns, Village Attorney

Todd Streiler, Village Planner

Charlie Boyce, President of Innsbrook Corporation

FROM: Tracy Sator, Wags & Whiskers Board President

Kathy Caton, Wags & Whiskers Board Vice President

Penny McClain, Wags & Whiskers Board Treasurer

Taylor Erb, Wags & Whiskers Board Secretary

Michael Bohm, Wags & Whiskers Board Member

RE: Wags & Whiskers Amended Site Plan

Our attorney has reached out numerous times to Village attorneys Chris Graville and Nathan Bruns without any response to date so we are now compelled to compose this to each trustee.

We would like to first correct misstatements made by the Board of Trustees regarding Wags & Whiskers and to answer any questions you may have prior to the May 14th board meeting.

It is being stated that we did not obtain DNR “approval” but rather an exemption. As stated in the letter from Cindy LePage, DNR Engineering Section Chief, dated 11.29.23, that “the use and operation of the lagoon as a pump and haul lagoon is allowed.” This IS an approval and not a NO. DNR is the permitting authority for septic lagoons and their decision should be considered final.
It is said that we avoided starting the permit process with DNR because we did not have three acres of property. That is not a requirement of DNR, as Paul Ganey of Ganey Engineering stated at the April 9, 2024, public hearing.
It is being stated by Chairman Reuter that the building construction is inferior and lacks soundproofing. One of the comments is that it is a “pole barn,” implying that construction is inferior. Have any of you been inside our building? The shelter is technically Post-Frame Construction with 8’x8’ solid wood posts, wood framing 16” on center, fully engineered trusses, exterior steel cladding, fully insulated, fire caulked, and finished with drywall. Soundproofing was completed by Midwest Insulation in two phases. The Midwest Insulation proposal and invoices are attached to show the type of insulation that has been installed. In addition, the new double-paned Anderson windows in the building are fixed and no noise will be conducted through open windows. This building has much better insulation than most homes and commercial buildings so that noise will not be heard outside the building but also so that we can create a “fear free” environment for the cats and a more conducive work environment for staff and volunteers by reducing possible dog noise affecting the rest of the facility. Regardless, insulation has nothing to do with the revised site plan and should not even be part of this discussion.

All work completed in the building was by professionals. The building exterior was completed by Cross Country Buildings, a respected local builder. Interior framing was completed by Girod Exteriors, plumbing by master plumber Rob Phillips of Phillips Plumbing, HVAC by Survant Heating & Air Conditioning, drywall by Mid-Mo Drywall, and electrical work by retired electrician Mike Lyles. We have professional bids to complete Fiber Reinforce Paney wall covering, quartz epoxy flooring, and painting. The only work completed by volunteers was fire caulking completed by Mike Wally as directed by Wright City Fire Protection District building inspector Josh Riebe, who passed the facility with flying colors on both fire inspections. The shelter was built in compliance with the International Building Code, American's with Disabilities Act and Wright City Fire and Safety Code.

It is also being stated by Chairman Reuter and Trustee Simon that Wags & Whiskers does not have the funds to “do it right.” The board responsibly held off construction until we had the funds to keep construction on a timeline for completion within one year. As stated above, all construction has been of high quality and we welcome any and all of you to tour the facility and see the construction. No loans were needed and all construction costs have been paid. If the Board of Trustees approves our amended site plan, the shelter can be completed and opened in 2024. We also have the funds to pursue litigation if necessary. Wags & Whiskers is fortunate to have the strong community support of both Village residents and property owners as well as those in the entire county area who see the necessity of the shelter to support community pets and responsible pet ownership.
It has been stated by Trustee Cook that Wags & Whiskers is a “drain” on Village resources. It is your Board of Trustees that continually engages the Village attorney and planner, not Wags & Whiskers. It has been your choice to waste taxpayer funds to fight a shelter that the community strongly endorses.
As we have stated numerous times to the Board of Trustees and to the Planning & Zoning Commission, the common-sense solution is to attach the special use of a lagoon system to our special use permit as an animal shelter and modify your regulations to prohibit further use.
Wags & Whisker Board President Tracy Sator was confronted by Trustee John Simon on May 4, 2024. While at a pickleball tournament, Trustee Simon walked up to her while she was in the middle of a conversation with a friend and asked if she was aware that Trustee Cook’s car had been “keyed” on the parking lot of the Innsbrook Resort Commons in an accusatory fashion, falsely insinuating that Wags & Whiskers was to blame, and using foul language. This type of behavior on the part of an elected Trustee to a constituent is reprehensible. This action needs to be addressed by the Chairman and should be grounds for removal and at minimum should recuse Trustee Simon from any Wags & Whiskers action.
Trustee West stated at the April Board of Trustees meeting that she has not and will not vote

against a Planning and Zoning recommendation.

We are happy to address any additional concerns or rumors that may arise. It is our impression that while the Village states: “we want Wags & Whiskers” and approved both our annexation and special use permit in 2022 that this is no longer the case. If that is true and our shelter is no longer welcomed by this Board of Trustees, we have several options:

Legal Action: Village Board actions have caused Wags & Whiskers financial harm and many, many hours of time. As a result of this, we have been forced to spend funds that should have gone to care for animals on additional engineering studies, additional land surveys, and legal fees. Our supporters are now encouraging us to pursue legal remedies and have expressed willingness to donate to a fund for legal expenses. As a result, we have engaged attorneys Sarah Davis and Cory Collins at Husch Blackwell who have presented you with documents that will be included in any legal action and who recommended that we hire a court reporter to record the public hearing.

Sell the property: We stopped construction in February, 2024, when it became obvious that our future in this location was in jeopardy. We are disappointed that the Board led us to believe in February, 2023, that once we obtained DNR approval that the amended site plan would be approved. We proceeded to spend approximately $100,000 in donor funds to work on the interior of the building in the past year, money that would not have been spent if the Wags & Whiskers board had been told that the septic lagoon would never be approved. Our building is in what realtors consider “white box” condition and can be used for any function.

We cannot in good conscience spend donor money to install a septic system that engineers tell us will fail in 2-3 years and complete the project. The septic failure would leave us with a shelter that we now cannot operate. To put it succinctly, if the Board of Trustees votes NO on our amended site plan, we will NOT pivot to an alternative septic system. If the Board of Trustees votes against our amended site plan, we will immediately put the building up for sale. Real estate brokers have provided us with valuations and are willing to list the property immediately. A NO vote will end the shelter project completely and finally in this location. This is not intended to be a threat but rather one of the few options we will have left if the amended site plan is not approved.

We urge you to consider your vote carefully and the effect it will have on this community and on the reputation of the Village of Innsbrook and you as Trustees.While the amended site plan may be subject to local jurisdiction, your vote needs to be based on the Village ordinances and codes, none of which prohibit a septic lagoon on commercial property.The Village Planning & Zoning Commission approved the amended site plan by a vote of 4-3 and the Trustees have never voted against a recommendation by the P&Z Commission.Wags & Whiskers has jumped through every “hoop” placed in front of us in the past 16 months, including the condition imposed by P&Z in regard to our well location.The public overwhelmingly supports Wags & Whiskers and does not even care about a “lagoon” and feel that forcing an animal shelter out that is 75% complete is a travesty.

Tracy Sator, Board President