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Big Muskego Lake District Board of Commissioners PACKET 03222022CITY OF MUSKEGO BIG MUSKEGO LAKE DISTRICT BOARD OF COMMISSIONERS AGENDA 03/22/2022 5:55 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF MINNUTES January 25, 2022 BMLBC Minutes 20220125.pdf VOUCHER APPROVAL UNFINISHED BUSINESS NEW BUSINESS Election of Secretary - Kerri Roller, Deputy Clerk Deputy Commissioner's Update - Current Condition of Lake/Bay, Water Levels, Plant Growth, Fish and Wildlife. Authorization for Chair to sign Water Management Agreement with Innovative Water Care, LLC. (dba Marine Biochemists). Bass Bay Big Muskego 2022.pdf Big Muskego Bass Bay P R District Attachment A.pdf COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT V102iraa 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, CONTACT MUSKEGO CITY HALL, (262) 679-4100. UNAPPROVED CITY OF MUSKEGO BIG MUSKEGO LAKE DISTRICT BOARD OF COMMISSIONERS AGENDA 01 /25/2022 5:55 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:11 PM. PLEDGE OF ALLEGIANCE ROLL CALL Present: Chairman Petfalski, Commissioners Madden, Engelhardt, Kubacki, Terrence, Hammel and Wolfe. Absent: Commissioner Kapusta. STATEMENT OF PUBLIC NOTICE This meeting was noticed in accordance with the open meeting law. APPROVAL OF MINUTES October 26, 2021 Commissioner Kubacki moved to approve the October 26, 2021 Minutes. Commissioner Madden seconded; motion carried. VOUCHER APPROVAL-- none UNFINISHED BUSINESS - none NEW BUSINESS Deputy Commissioner's Update - Current Condition of Lake/Bay, Water Levels, Plant Growth, Fish and Wildlife. Greg Burmeister, Deputy Commissioner, stated that he's been out on the lake a number of times and the lake is in good winter condition with 11 inches of ice and 2 inches of snow. Many people are using the Boxhorn ramp and there are a number of Jamborees with ATV's, snowmobiles and even motorcycles from that ramp. There are DNR rule changes for northern fishing. The last 12 years there was a 40" minimum size with a limit of one per day. Now there is a slot management rule where anything between 25" and 35" must be returned while larger and smaller can be kept which will encourage more people to come out and use the lake. Authorization for Chairperson to Apply for Chemical Aquatic Plant Control Permit. Commissioner Kubacki moved to authorize Chairperson to apply for Chemical Aquatic Plant Control Permit. Commissioner Madden seconded; motion carried. 3 COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Commissioner Engelhardt made a motion to adjourn. Commissioner Madden seconded; motion carried. Meeting adjourned at 6:15 pm. Minutes taken by Christine Crisp and transcribed by Aaron Fahl, AICP Planner. 4 Service Management Agreement 2022-6D49157 THIS AGREEMENT is made between SePRC Marine Bic, LLC, dba Marine Biochemists, with its principal offices al N173 W2144O Northwest Passage. Jackson, VW 5M37 (hereinafter'MB') and Big Muske-go LaketBass Bay P & R District, W182 S820-0 Racine Ave., Muskego, WJ 63150-(202�670-6517 (hereinafter 'Customer'). . For and in mmsideratiion of the mutual -rove nants herein co ntained, the parties hereto agree as follows: MB to treat designated areas of Big Muskego?Bass Bair with Weedar 54` andror Navigate'' Herbicides for the control of Eurasian VMatermilfoil"'. Fe -es to be based upon the following cast schedule: Weedar 134 Initial Aore: $i1,258.DO, each su bsequent acre (4 It avg. depth): $333_OOVacxe"". Navigate Herbicide (1004ffacre): $085A0 pe r acre Based upo n a treatment of 19_5 acres of Weeda r 04 He rbicide, total cost will be $7,418.50_ ' Freelex Herbicide (I iquid 2,4-D) may be su bstituted for Weeda r d4, and "Soul pi n G (granular 2,4-D) may he substituted for hiaMigate.at same per acre costs- ... CuMy-leat Pondweed andror other species will be treated upon request at a cost not to exceed $579.1)Dlacre. PracellaCC'R may be used upon request at a cost of $948.DUIacre (3 ft_ avg. depth), with a minimum single treatment area s¢e of acres recommended. Filamentous algae control will be provided upon request at the cost of $19$_01Yacre, and Starry Stonewwt control will be quoted based upon Jab (product type(s), acreage and depth). During the Term of Agreement the attached Liability clause shall be substituted for the Liability olause found under item 07 of this Agreement. Customer responsible foraRaining WI DNR with technical assistance of MB as needed. 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 oandilions not set forth herein shall be governed by MB's standard terms and conditions. 2. Term of Agreement: The term of this agreement shall cover the period from 311412022 and continue until 3113J2023. 3. Services Provided: MB shall supply} all necessary labor, materials, equipment and t,achnical advice in providing Water Management Services to Customer. Customer shall provide a suitable boat launching site and pay any launching fees necessaryto provide Water Management services in said water area where applicable. d. Cast and Terms of Payment: The cast to Customer for darter Management Services supplied by MB shall be $7,418.50 ' -. _ _..:_ _ __.. ,:.._I -Ole- --.-- —.., wherein payments, upon credit approval, shall be due within 30 days fallowing the com pletion of each servx-e call. Where applicable, an additional fee covering permit cost and processing in the a mou nt $0.00 wil I be invoiced u pan retu rn of this Agreement. 5. Permit: It is and erstood between the parties that certain state andror local permits shall or may be necessary prior to, the commencement of Water Management Seruioes, and the provisions of this Agreement are subject to all temrs and conditions of any such permits and applicable state andror local laws or regulation. MB shall apply for all necessary permits, and Customerwi11 cooperate with MB in completing such applications and obtaining such permits. In the event the entire permit is denied, The Customer will receive a credit of $0.00 6. Consu Ming Fee: Where applicable, an additional Consulting fee in -he amoun' of WOO. 7. Liabi lity: 0 , _rer■�vea�r��na.9ffrNnrello.Pqr. _..r...........��............����,� 41 G. Wami ng Signs: Customer shall take whatever action is reasonably necessary by means of pasting of warning signs and otherwise, in order to prevent bodily injuryandfor property damage, whether to persons, animals, or property, while Water Management ServKes are being conducted andlor completed Water Management Services. D. Customer Author¢atbon: Customer represents and warrants that this Ag reement has been duly authormed by the Cu stomer, and that the persons exec uti ng this Agreement have the authority to execute this Agreement on Customer's behalf. 10_ Cancellation Fees: _ -- - - - ---- - --- - - -- - -- There shall be no Fees in the event treatment(s) cannot be conducted 11- Miscel larrecus: This Agreement shall be construed under and i n the Courts of the State of IN. This Ag reemer t constitutes the entire understanding between the parties, and may be amended only in writing by the properly authorized representatives, successors, and assigns. This Agreement shal I insure to the benefit of and be binding upon the parties hereto, their respevtive personal representatives, successors, and assigns - IN WITNESS WHEREOF, the parties hereunto set their hands and seals effecdre this Monday, Mardi 14, 2022_ S.ePRO Marine Siff, LLC, dba Marine 9iochemists Customer By By Name Name Title Title date 03114)22 Date 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: It 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-IVM 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 Customer to post on adjacent properties immediately following each treatment during the season. By: Uu;z"t, g. Accepted Margie Bloc emists Date: 03/14/22 Date: Customer 7