BMLComm Packet - 1/28/2014
CITY OF MUSKEGO
BIG MUSKEGO LAKE
BOARD OF COMMISSIONERS AGENDA
BIG MUSKEGO LAKE/BASS BAY PROTECTION
AND REHABILITATION DISTRICT
QUARTERLY MEETING
January 28, 2014
6:45 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF MINUTES OF MEETING - October 22, 2013
VOUCHER APPROVAL
OLD BUSINESS
1. Deputy Commissioners' Update - Current Condition of Lake/Bay, Water Levels, Plant
Growth, Fish and Wildlife
2. Status of Big Muskego Lake Wildlife Area - Land Acquisition by DNR
NEW BUSINESS
1. Authorization for Mayor to Sign 2014 Agreement with Marine Biochemists to Control
Nuisance Aquatic Plants
2. Authorization for Mayor to Apply for DNR Permit ($895) to Control Nuisance Aquatic
Plants in 2014
COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF
THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION
WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL
BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED
INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS
SERVICE, MUSKEGO CITY HALL, (262) 679-4100.
BIG MUSKEGO LAKE/BASS BAY PROTECTION & Unapproved
REHABILITATION DISTRICT BOARD OF COMMISSIONERS
MINUTES OF QUARTERLY MEETING HELD TUESDAY, October 22, 2013
Mayor Chiaverotti called the meeting to order at 6:45 p.m. Present were
Commissioners Madden, Kubacki, Soltysiak, Glazier, Borgman, Hammel, and Wolfe,
and Deputy Commissioner Kies and Assistant Deputy Clerk Chavie. Those present
recited the Pledge of Allegiance. Ms. Chavie stated the meeting was noticed in
accordance with the Open Meeting Law.
APPROVAL OF MINUTES
Commissioner Borgman moved for approval of the June 25 and August 27, 2013
minutes. Commissioner Glazier seconded; motion carried.
There were no vouchers that required approval.
OLD BUSINESS
Update of Deputy Commissioners – Current Condition of Lake/Bay; Water Levels,
Plant Growth, Fish, and Wildlife.
Deputy Commissioner Kies reported on the following:
Duck hunting has been active the past couple of weeks.
Durham launch is closed due to a 100 foot cattail bog blocking the entrance.
The Boxhorn launch ramp and pier improvements have been completed.
The land acquisition for the Rieger property is moving forward.
Status of Big Muskego Lake Wildlife Area – Land Acquisition by DNR
Nothing new to report.
NEW BUSINESS
Commissioner Glazier moved to elect Jill Blenski to serve as Secretary for the
Lake District and Sharon Mueller to serve as Treasurer. Commissioner Soltysiak
seconded; motion carried.
ADJOURNMENT
Commissioner Kubacki moved to adjourn at 6:55 p.m. Commissioner Glazier
seconded; motion carried.
Minutes transcribed by Kim Chavie
Bio Muskeqo Lake/Bass Bav P & R District
W182 58200 Racine Ave.
(w) (262\ 679-5617 (D
For and in consideration of the mutual covenants
2. Term of Agreement:
3. Services Provided:
4. Cost and Terms of
Payment:
5. Permit:
WATER MANAGEMENT AGREEMENT
THIS AGREEMENT is made between Arch Chemicals, lnc., dba Marine Biochemists,
N11163 Stonewood Dr., Suite 234, Germantown, Wisconsin (hereinafter "MB") and
2414 -22395
clo Mr. Tom Zaqar
Muskeqo, Wl 53150-
(hereinafter "Customef').
herein contained, the parties hereto agree as follows:
Approximately 29 acres of water within Big Muskego/Bass Bay to be treated with Navigate Herbicide and/or DMA4-
IVM Herbicides for the control of Eurasian Watermilfoil*. Fees will be based upon the following cost Schedule:
Navigate Herbicide: lnitial Ace $1057.00, each subsequent acre: $515.00. DMA4-!VM Herbicide (3 ft. avg. depth):
$242.00lacre*. Based upon a treatment consisting of three acres of Navigate herbicide and 26 acres of DMA4-!VM
Herbicide, total cost of the treatment will be $8379.00
*Cost of DMA4-|VM based on 3 ft. avg. depth. ln the event that average depth is less than three feet, per acre cost
will be reduced (for example, 2.5 ft. avg depth cost will be $201.00/acre). Customer responsible for obtaining DNR
permit. *Algae control will be provided at the cost of $150.00 per acre.
During the Term of Agreement the attached Liability clause shall be substituted for the Liability clause found under
item 7 of this Water Management Agreement.
1. Agreement:MB hereby agrees to provide Water Management Services described above, and
Customer hereby accepts such services described above. Any and all terms and
conditions not set forth herein shall be governed by MB's standard terms and
conditions, attached.
The term of this agreement shall cover the period from
and continue until 9l3Ol2O14 .
MB shall supply all necessary labor, materials, equipment and technical advice in
providing Water Management Services to Customer. Customer shall provide a
suitable boat launching site and pay any launching fees necessary to provide Water
Management services in said water area where applicable.
The cost to Customer for Water Management Services supplied by MB shall be
$8.379 * per service call wherein payments, upon credit approval, shall be
due within 30 days following the completion of each service call.
Where applicable, an additional fee covering permit cost and processing in the
amount of $0.00 is due with return of this Agreement.
It is understood between the parties that certain state andior local permits shall or
may be necessary prior to the commencement of Water Management Services, and
the provisions of this Agreement are subject to all terms and conditions of any such
permits and applicable state and/or local laws or regulation. MB shall apply for all
necessary permits, and Customer will cooperate with MB in completing such
applications and obtaining such permits. ln the event the entire permit is denied, The
Customer will receive a credit of $0.00
Where applicable, an additional consulting fee in the amount of $0.00 is due with
return of this Agreemenl.pase 1 ot z
with an office at W175
4/15t2A14
6. Consulting Fee:
9. Customer
Authorization:
10. Cancellation Fees:
11. Miscellaneous:
WATER MANAGEMENT AGREEMENT 2414 -22395
7. Liability:MB's liability on any claim, loss or liability arising out of, or connected with this
Agreement, the use of any services furnished hereunder, shall in all cases be limited
solely to the correction of non conformities to the description of services hereunder.
lf for any reason MB is unable or fails to correct nonconformities as provided, MB's
liability for damages arising out of any services provided hereunder for such failure,
whether in contract or in tort (including negligence), law or equity, shall not exceed
the amounts paid by Customer for that portion of the services or equipment that fail
to conform. Except as othenrvise stated herein, MB DISCLAIMS ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. lt is specifically understood that MB shall not be liable under this
Agreement for (i) any personal injury and/or property damage resulting from
completed operations or any installed equipment, or (ii) lost profits, incidental,
special, punitive or consequential damages, whether or not the possibility of such
damages has been disclosed to MB in advance or could have been reasonably
foreseen by MB.
Customer shall take whatever action is reasonably necessary by means of posting of
warning signs and othenvise, in order to prevent bodily injury and/or property
damage, whether to persons, animals, or property, while Water Management
Services are being conducted and/or completed Water Management Services.
Customer represents and warrants that this Agreement has been duly authorized by
the Customer, and that the persons executing this Agreement have the authority to
execute this Agreement on Customer's behalf.
ln the event that Customer terminates this Agreement for any reason prior to work
being performed, or if treatment(s) cannot be conducted due to regulatory
restrictions, the Customer agrees to pay MB a cancellation fee equal to 2Oo/o of
Agreement costs unless othenruise noted.
This Agreement shall be construed under and in the Courts of the State of CT.
This Agreement constitutes the entire understanding between the parties, and may
be amended only in writing by the properly authorized representatives, successors,
and assigns. This Agreement shall insure to the benefit of and be binding upon the
parties hereto, their respective personal representatives, successors, and assigns.
8. Warning Signs.
Addendum: *
lN WITNESS WHEREOF, the parties hereunto set their hands and seals effective this Thursdav, Januarv 23. 2014 .
Arch Chemicals, lnc,, dba Marine Biochemists CUSTOMER
(date)
Name:
Title:
MARINE BIOCHEMISTS
Professional Water Management
6302 W. Eastwood Ct.
Mequon, Wl 53092-
Phone: (262) 238-0406 Fax: (262) %8-A4Oa
By:
Arch Chemicals, lnc,, dba Marine Biochemists
Page 2 of 2
ATTACHMENT A
Big Muskego/Bass Bay P & R District Water Management Agreement
By Marine Biochemists
As part of the attached Water Management Agreement, the following statement shall be substituted for item #7 of the
Water Management Agreement.
7. Liability: lt is specifically understood that MB shall not be liable for any personal injury and/or property damage resulting
from completed operations of Water Management Services. The foregoing sentence shall not apply to personal injury or
property damage directly caused by MB's application of Navigate Herbicide, DMA4 Herbicide, or Cutrine-Plus Algaecide
applied in a manner inconsistent with the label instructions, or by MB's negligent use of equipment or vehicles while on
Customer's property. MB agrees to provide appropriate warning signs to the Customer to post on adjacent properties
immediately following each treatment during the season.
Accepted:
Date:
CUSTOMER
o.*, '/tg/t/