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Big Muskego Lake District Board of Commissioners PACKET 03232021CITY OF MUSKEGO BIG MUSKEGO LAKE BOARD OF COMMISSIONERS AGENDA 03/23/2021 5:55 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 January 26, 2021 BMLBC Minutes 20210126.pdf DEPUTY COMMISSIONERS' REPORT REGARDING STATUS OF LAKE Current Condition of Lake/Bay, Water Levels, Plant Growth, Fish and Wildlife NEW BUSINESS Authorization for Chair to sign Water Management Agreement with Innovative Water Care, LLC. (dba Marine Biochemists). Big Muskego Bass Bay Agreement 2021.pdf 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, CONTACT MUSKEGO CITY HALL, (262) 679-4100. UNAPPROVED BIG MUSKEGO LAKE BOARD OF COMMISSIONERS MINUTES 01 /26/2021 5:55 PM Muskego City Hall, W182 S8200 Racine Avenue BIG MUSKEGO LAKE/BASS BAY PROTECTION AND REHABILITATION DISTRICT QUARTERLY MEETING CALL TO ORDER Mayor Petfalski called the meeting to order at 5:55 PM PLEDGE OF ALLEGIANCE ROLL CALL Present: Chairman Petfalski, Commissioners Wolfe, Terrance, Kapusta, Engelhardt, Kubacki and Madden. Absent: Commissioner Hammel. Also present: City Attorney Warchol, Deputy Clerk Blenski, Conservation/Urban Forester Zagar. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting law. APPROVAL OF MINUTES OF MEETING September 22, 2020 Commissioner Engelhardt moved to approve the May 26, 2020 Minutes. Commissioner Kubacki 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. Larry Schweitzer noted that there will be a discussion with the DNR regarding changing the Northern limit to a slot size rather than the current 48" minimum. The DNR is looking to add a berm on the west side. The lake was about 8 inches of ice. Authorization for Chairperson to Apply for Chemical Aquatic Plant Control Permit. Commissioner Wolfe made a motion to approve. Commissioner Kubacki Seconded. Motion Carried COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW 2 ADJOURNMENT Commissioner Wolfe made a motion to adjourn. Commissioner Kubacki seconded; motion carried. Meeting adjourned at 5:59 PM. Minutes taken by Christine Crisp and transcribed by Aaron Fahl, AICP Associate Planner 3 WATER MANAGEMENT AGREEMENT 2021- 6049157 THIS AGREEMENT is made between SePRO Marine Bio, LLC, dba Marine Biochernists, with an office at N173 W21440 Northwest Passage, Jackson, Wisconsin 53037 (hereinafter"MB') and Big Muskeqo Lake_/Bgss Bg y P & R DistrLcl c/o Mr. TM Zg9ar Wja2 a8200 Racine Ave. Uw (262) 679-5617 Im .832«# #�jjm (hereinafter -Custom er). MB to treat designated areas of Big Muskego/Bass Bay with Weedar 64* and/or Navigate Herbicides for the control of Eurasian Watermilfoil". Fees will be based upon the following cost schedule: Weedar 64 Herbicide: Initial Acre 311,87.00, each subsequent acre: Weedar 64 Herbicide (4 ft. avg. depth: $281 .001acre***, Navigate Herbicide 000#1acre), $606.00/acre, Based upon a treatment consisting of 19.5 acres of Weedar 64 Herbicide, total cost of the treatment will be $6.385-50. 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. Customer responsible for obtaining WI DNR with technical assistance of MB as needed. 4 WATER MANAGEMENT AGREEMENT 2021- 6049157 7, Ljeb&W. MB*s liability on any claim, loss or liabilkyarising 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 cDntrmitiees, to the description of services hereunder. If for any reason M 6 is unable or fails to correct nonconformities, as provided, MB*s, liabRity for damages arising out of any services provided he reun der for such failure, M ethe r in contract or in tort: (including negligence), law o r equity, shall riot exceed the amounts pail by C u sto, m e r for that portion of the services or eq ui pm ent that tail to conform. E xcept as otherviise stated h erein, M B D I LAIM S ALL OTH E R WARRATIES, E XP R E SSE D CAR IM PLIED, IN CLU DING THE IM P LIE D 'WARRANTIES 0 F M E RC HANTABIL ITY Ah D F ITN E SS FO R A P ARTIC U LAR PURPOSE. It isspecitcally under -stood that MB shall not be liable underthis, Agreement for (i) any personal injury and/or property damage resulting tom completed operations or any installed equipment, or (ii) lost proft* incidental, special, punitive or consequential damages, Mether or not the possibility of such da ma ges has been d isdosed to M 8 in ad van ce or could have been reasonably foreseen by M B. 8. Warriing Signs: Customer shall take Matever action is reasonably necessary by means of posting of meming signs and otherWse, in orderto prevent bodily injury and/or property damage, Mether to persons, animals, of property, v%h#e Water Management Services are being conducted and/or completed Water Management Services. 9. custww Customer represents and mrrants that this Agreement has been duty authorized by Authoriza#w: the Customer, and thatthe persons executing this Agreement have the authority to execute this Agreement on Customer's behalf. 10. Cancelistm Fees: 1- -l'; 6, There shall be no Fees in the event treatment(s) cannot be conducted I i . Miscellanew 9: This Agreement shall be construed under and in the Courts ofthe State of IN. This Agreement constitutes the entire understanding betmeen the parties, and may be amended only in vwiting by the property authorized representatives, successors, and assigns. This Agreement she# insure to the benefit of and be binding upon the parties hereto, their respective personal representatives, successors, and assigns. Addendurm IN WITNE SS WHE REOF, the parties her euntoset their hands and seals effective thi Nlqg&y. F ebrua!y 8, 2021. By (date) Name Title i J, UXZIAIA��11 � Professional Water Management N 173 W21440 Northv*,st Passage Jack -son, W1 53037- Phone: (26.2) 6 74-1781 Fax: (262,674-171 Pago 2 d 2 41 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, Aquathol- K Herbicide, ProcellaCOR, Tribune (or Littora) Herbicide, Hydrothol 191 Algaecide, liquid 2,4-D Herbicide, or Cutrine-Plus (Liquid and/or Granular) and/or Cutrine Ultra Algaecides 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: MART E BIOCt ISTS CUSTOMER Date: i Date: