BMLComm Packet - 1/26/2016
CITY OF MUSKEGO
BIG MUSKEGO LAKE BOARD OF
COMMISSIONERS AGENDA
BIG MUSKEGO LAKE/BASS BAY PROTECTION
AND REHABILITATION DISTRICT
QUARTERLY MEETING
January 26, 2016
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 27 and November 24, 2015
VOUCHER APPROVAL
1. Approval of Invoice for Marine Biochemists - Aquatic Plant Survey Report ($10,360.00)
UNFINISHED BUSINESS
1. Deputy Commissioners' Update - Current Condition of Lake/Bay, Water Levels, Plan
Growth, Fish and Wildlife
2. Status of Big Muskego Lake Wildlife Area - Land Acquisition by DNR
NEW BUSINESS
1. Authorize Execution and Payment ($1,270) for the DNR Chemical Aquatic Plant Control
Permit
2. Approve Agreement with Marine Biochemists to Conduct Aquatic Plant Control
Services
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.
Unapproved
CITY OF MUSKEGO
BIG MUSKEGO LAKE BOARD OF
COMMISSIONERS MINUTES
October 27, 2015
6:45 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Chairman Chiaverotti called the quarterly meeting to order at 6:45 p.m.
ROLL CALL
Present: Commissioners Wolfe, Hammel, Borgman, Kapusta (arrived at 6:50 pm), Engelhardt,
Kubacki and Madden. Also present: Finance and Administration Director Mueller and Deputy
Commissioner Kies.
STATEMENT OF PUBLIC NOTICE
Ms. Mueller stated the meeting was noticed in accordance with the open meeting law.
APPROVAL OF MINUTES - June 23, July 28 and September 8
Commissioner Borgman made a motion to approve the minutes. Commissioner
Kubacki seconded; motion carried.
VOUCHER APPROVAL
Marine Biochemists - $1,435.00
Treatment of Boxhorn and Durham Boat Launches
Commissioner Kubacki made a motion to approve the voucher. Commissioner
Borgman seconded; motion carried.
UNFINISHED BUSINESS
Deputy Commissioner's Update - Current Condition of Lake/Bay, Water Levels, Plant Growth,
Fish and Wildlife and Status of Big Muskego Lake Wildlife Area – Land Acquisition by DNR
Deputy Commissioner Kies reported the following:
The dam has been opened slightly. Lake level is up three inches.
Starry stonewort is widespread. Not a major problem. Should not impact the
recreational use of the lake.
Aquatic Plant Survey nearly completed.
Restoration project progressing well. This was a joint effort with the City of Muskego,
Ducks Unlimited and the DNR. Additional funding was provided by MMSD.
The District received grant funding from the DNR to deal with early detection of starry
stonewort. Attendants were hired to assist at the boat launches on weekends. Mr.
Kies stated the expenditure did not have a large impact on eradication. Herbicide
treatment at the launches has experienced moderate success.
The District will again apply for a Clean Boats/Clean Waters grant for 2016.
Commissioner Kapusta arrived.
2
BML Quarterly Meeting
October 27, 2015
NEW BUSINESS
Election of Secretary and Treasurer
Commissioner Borgman made a motion to elect Jill Blenski to serve as Secretary for
the Lake District and Sharon Mueller to serve as Treasurer. Commissioner
Engelhardt seconded.
Motion Passed 7 in favor.
ADJOURNMENT
Commissioner Borgman made a motion to adjourn at 6:53 p.m. Commissioner
Kubacki seconded.
Motion Passed 7 in favor.
Minutes transcribed by Jill Blenski, Deputy Clerk.
Unapproved
CITY OF MUSKEGO
BIG MUSKEGO LAKE BOARD OF
COMMISSIONERS MINUTES
November 24, 2015
6:55 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Chairman Chiaverotti called the special meeting to order at 7:16 p.m.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Wolfe, Hammel, Borgman, Kapusta, Engelhardt, Kubacki and
Madden. Also present: Deputy Clerk Blenski.
STATEMENT OF PUBLIC NOTICE
The Deputy Clerk stated that the meeting was properly noticed.
NEW BUSINESS
Authorize Mayor Chiaverotti to Sign and Submit the Clean Boats Clean Waters Grant
Application
Commissioner Borgman made a motion to authorize the Mayor to sign and submit
the grant application. Commissioner Engelhardt seconded.
Motion Passed 7 in favor.
ADJOURNMENT
Commissioner Borgman made a motion to adjourn at 7:18 p.m. Commissioner
Madden seconded.
Motion Passed 7 in favor.
Minutes taken and transcribed by Jill Blenski, Deputy Clerk.
WATER MANAGEMENT AGREEMENT 2016 - 6049157
THIS AGREEMENT is made between Arch Chemicals, lnc., dba Marine Biochemists, with an
w21440 Northwest Passage, Jackson, wisconsin 53037 (hereinafter "MB") and
office at N173
Biq Muskeoo Lake/Bass Bav P & R District
W182 58200 Racine Ave.
(w) (262167s-5617 (D
2. Term of Agreement:
3. Services Provided:
4. Cost and Terms of
Payment:
5. Permit:
clo Mr. Tom Zaqar
, Muskeqo , W! 53150-
(hereinafter "Customer").
511t2016
For and in consideration of the mutual covenants 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: lnitialAce $1100.00, each subsequent acre: $544.00. DMA4-!VM Herbicide (3 ft. avg. depth):
$250.00/acre*. Based upon a treatment consisting of three acres of Navigate herbicide and 26 acres of DMA4-;VM
Herbicide, total cost of the treatment witl be $8688.00
*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,2.5fl. avg depth cost will be $209.00/acre). Gustomer responsible for obtaining DNR
permit. *Algae control wil! be provided at the cost of $156.00 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 913012016 .
MB shallsupply 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
$8.688 * per service call wherein payments, upon credit approvar, shail 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 and/or 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 Agreement .pase 1 or 2
6. Consulting Fee:
WATER MANAGEMENT AGREEMENT 2016- 6049157
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 otherwise 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 othenruise, 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 othenuise 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: *
!N WITNESS WHEREOF, the parties hereunto set their hands and seals effective this Monday. January 18, 2016
Arch Chemicals, Inc., dba Marine Biochemists CUSTOMER
(date)
9. Customer
Authorization:
10. Cancellation Fees:
11. Miscellaneous:
Name:
Title:
By:
Name:
Title:
MARINE BIOCHEMISTS
Professional Water Management
N173 W21440 Northwest Passage
Jackson, Wl 53037-
(262) 674-1781 Fax: (262) 674-1784
Arch Chemicals, Inc., dba Marine Biochemists
Phone:
Page 2 ot 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 Ag reement.
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, Weedar 64 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