Big Muskego Lake District Board of Commissioners PACKET 03282023CITY OF MUSKEGO
BIG MUSKEGO LAKE DISTRICT
BOARD OF COMMISSIONERS
AGENDA
03/28/2023
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
February 14, 2023
BML.MIN.23.02.14.pdf
VOUCHER APPROVAL
NEW BUSINESS
Deputy Commissioner's Update - Current Condition of Lake/Bay, Water Levels, Plant Growth, Fish
and Wildlife.
Election of Secretary - Kerri Roller, Clerk
Authorization for Chair to sign Aquatic Plan Control Agreement with Solitude Lake
Management, LLC.
Big Muskego Bass Bay 2023 Agreement.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.
CITY OF MUSKEGO UNAPPROVED
BIG MUSKEGO LAKE DISTRICT BOARD OF COMMISSIONERS
MINUTES C4 of
February 14, 2023 5:45 PM 1 MUSKEGO
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Petfalski called the meeting to order at 5:52 pm.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited at the beginning of the Finance Committee Meeting.
ROLL CALL
Present: Chairman Petfalski, Commissioners Wolfe, Hammel, Terrence, Kapusta,
Schroeder, and Madden.
Absent: Commissioner Kubacki
STATEMENT OF PUBLIC NOTICE
City Clerk Roller stated the meeting was noticed in accordance with the open meeting law.
APPROVAL OF MINUTES
September 27, 2022
Commissioner Madden moved to approve the September 27, 2022 Minutes. Commissioner
Schroeder seconded; motion carried.
VOUCHER APPROVAL
None/No action taken.
UNFINISHED BUSINESS
None/No action taken.
NEW BUSINESS
Deputy Commissioner's Update - Current Condition of Lake/Bay, Water Levels, Plant
Growth, Fish and Wildlife.
Mr. Pilak provided an update including the lack of ice until after Christmas with about 8
inches currently on the Lake; ice -fishing had been good, but the warm weather has
decreased the amount of ice. The water clarity is crystal clear, and water levels are a bit
high.
K
BIG MUSKEGO LAKE DISTRICT BOARD OF COMMISSIONERS
February 14, 2023 Page 12
NEW BUSINESS, (continued)
Authorization for Chairperson to Apply for Chemical Aquatic Plant Control Permit.
Commissioner Hammel made a motion to approve. Commissioner Kapusta
seconded; motion carried.
COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW
None/No action taken.
ADJOURNMENT
Commissioner Schroeder made a motion to adjourn. Commissioner Madden seconded;
motion carried. Meeting adjourned at 5:55 pm.
Minutes taken and transcribed by City Clerk Roller.
3
SERVICES CONTRACT
CUSTOMER NAME: Big Muskego/Bass Bay P & R District Acct.#16617
SUBMITTED TO: Tom Zagar
CONTRACT DATE: March 21, 2023
SUBMITTED BY: Brian Suffern Operations Manager Jackson, WI #81 1
SERVICES: Aquatic Plant Control.
This agreement (the "Agreement") is made as of the date indicated above, and is by and between SOLitude
Lake Management, LLC ("Solitude" or the "Company") and the customer identified above (the "Customer")
on the terms and conditions set forth in this Agreement.
The Services. SOLitude will provide services at the Customer's property as described in Schedule A
attached hereto:
2. PAYMENT TERMS. SOLitude shall invoice the Customer following completion of each Task Service.
OPTIONAL: Upon request of needed services, a detailed email will be sent for approval or an addendum
will be sent for signature:
Task 1: Initial acre Eurasian Watermilfoil control with Weedar 54 or Navigate Herbicide: $1,337.00 (May -Sept.)
AND one or more of the following
a) Weedar 64 additional acres: $364.00/acre (maximum, based on 4 ff. depth)
b) Navigate Herbicide (granular 2,4-D) additional acres: $848.00/acre
c) Sculpim G Herbicide (granular 2,4-D) additional acres: $784.00/acre
d) Agathol-K for control of Curly -leaf pondweed $599,00/acre (maximum)
e) Treatment of navigational channels for broad-spectrum plant control using Tribune and Aquathol-K
herbicides: $608.00/acre.
f) Control of filamentous algae using Cutrine -Plus, Cutrine Ultra, Captain or Captain XTR algaecides:
$198.00/acre. Note: Any treatment for Starry Stonewort Control will be separately prior to
treatment.
g) ProcellaCOR EC: $990.00 acre (based on 3 ft. avg. depth_
For any work completed or materials in storage on the customer's behalf at the end of each month, the
company will invoice and the customer will be responsible for paying the percent of the total work
Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM
4
Services Contract
Page 2 of 6
completed as of that date, less any previous deposit paid. Should the work performed be subject to any
local, state, or federal jurisdiction, agency, or other organization of authority for sales or other taxes or fees
in addition to those expressly covered by this contract, customer will be invoiced and responsible for paying
said additional taxes in addition to the fee above. Customer agrees to pay all invoices within thirty (30)
days of invoice date. The Customer will be liable for any returned check fees and any collection costs,
including reasonable attorney fees and court costs, for any invoices not otherwise timely paid, and interest
at the rate of I % per month may be added to all unpaid invoices. Company shall be reimbursed by the
Customer for any non -routine expenses, administrative fees, compliance fees, or any other similar expense
that are incurred as a result of requirements placed on the Company by the Customer that are not
covered specifically by the written specifications of this contract.
3. TERM AND EXPIRATION. This Agreement is for a one-time service as described in the attached
Schedule A. Any additional services will be provided only upon additional terms as agreed to by the
parties in writing.
4. DISCLAIMER. SOLitude is not responsible for the failure of any treatment, equipment installation, or
other work that result from dam or other structural failures, severe weather and storms, flooding, or other
acts of God that are outside of the control of SOLitude.
Customer understands and acknowledges that there are irrigation restrictions associated with many of the
products used to treat lakes and ponds. The customer is responsible for notifying SOLitude in advance of
the contract signing and the start of the contract if they utilize any of the water in their lakes or ponds for
irrigation purposes. The customer accepts full responsibility for any issues that may arise from the irrigation of
turf, ornamentals, trees, crops, or any other plants as a result of treated water being used by the customer
for irrigation without the consent or knowledge of SOLitude.
Although there is rarely direct fish toxicity with the products used for treatment when applied at the labeled
rate, or the installation and normal operation of the equipment we install, there is a risk under certain
circumstances of significant dissolved oxygen drops. This risk is most severe in times of extremely hot
weather and warm water temperatures, as these are the conditions during which dissolved oxygen levels
are naturally at their lowest levels. Oftentimes lakes and ponds will experience natural fish kills under these
conditions even if no work is performed. Every effort, to include the method and timing of application, the
choice of products and equipment used, and the skill and training of the staff, is made to avoid such
problems. However, the customer understands and accepts that there is always a slight risk of the
occurrence of adverse conditions outside the control of SOLitude that will result in the death of some fish
and other aquatic life. The customer also understands and accepts that similar risks would remain even if
no work was performed. The customer agrees to hold SOLitude harmless for any issues with fish or other
aquatic life which occur as described above, or are otherwise outside the direct control of the SOLitude,
unless there is willful negligence on the part of SOLitude.
While SOLitude Lake Management LLC makes every effort to thoroughly inspect the site before providing this
contract proposal or beginning any work, it is possible, without fault or negligence, that unforeseen
Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management.
Recipients may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM rj
Services Contract
Page 3 of 6
circumstances may arise, or that hidden conditions on the site might be found in the course of the
performance of the contract work, which would result in additional time or material costs that exceed this
contract pricing. Should this occur, the customer will be notified of these unforeseen circumstances or
conditions and be responsible for the costs associated with remedying. By signing this agreement, the
customer acknowledges that they have informed SOLitude Lake Management® of all known and relevant
current site conditions that would be reasonable to expect could affect our ability to successfully complete
the contract work.
5. INSURANCE AND LIMITATION OF LIABILITY. Solitude will maintain general liability and property damage
insurance as necessary given the scope and nature of the Services. The Company will be responsible for
those damages, claims, causes of action, injuries or legal costs to the extent of its own direct negligence or
misconduct, and then only to an amount not to exceed the annual value of this Agreement. In no event will
any party to this Agreement be liable to the other for incidental, consequential or purely economic damages.
6. FORCE MAJEURE. The Company shall not be liable for any delay in performing the Services, nor
liable for any failure to provide the Services, due to any cause beyond its reasonable control.
7. ANTI -CORRUPTION AND BRIBERY. Each party represents that neither it nor anyone acting on its behalf
has offered, given, requested or accepted any undue financial or other advantage of any kind in entering
into this Agreement, and that it will comply with all applicable laws and regulations pertaining to corruption,
competition and bribery in carrying out the terms and conditions of this Agreement.
8. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of
the state in which the Services are performed.
9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with
respect to the subject matter and replaces any prior agreements or understandings, whether in writing or
otherwise. This Agreement may not be modified or amended except by written agreement executed by
both parties. In the event that any provision of this Agreement is determined to be void, invalid, or
unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be
affected.
10. NOTICE. Any written notice provided under this Agreement may be sent via overnight mail, certified
mail, hand delivery or electronic mail with delivery confirmation, to the individuals and addresses listed below.
I]. BINDING. This Agreement shall inure to the benefit of and be binding upon the legal representatives
and successors of the parties.
Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management.
Recipients may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM 6
Services Contract
Page 4 of 6
Flwel 4 214 OX-11 z I RX-11 a a 1100 43
SOLITUDE LAKE MANAGEMENT, I.I.C.
Signature:
Printed Name:
Title:
Date:
Please Remit All Payments to:
1320 Brookwood Drive Suite H
Little Rock AR 72202
Please Mail All Contracts to:
Solitude Lake Management
N 173 W21440 Northwest Passage
Jackson, WI 53037
or email to brian.suffern@solitudelake.com
[CUSTOMER]
Signature:
Printed Name:
Title:
Date:
Customer's Address for Notice Purposes:
Big Muskego Lake/Bass Bay P & R District
W782 S8200 Racine Ave,.
Muskego, WI 53150
Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management.
Recipients may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM 7
Services Contract
Page 5 of 6
SCHEDULE A - SERVICES
Permitting:
1, Solitude staff will be responsible for the following:
a) Assisting the Customer with technical assistance in obtaining required WI DNR Permit.
Task 1 Aauatic Weed and Alaae Control:
1. Areas included in the approved DNR permit will be inspected for excessive weed growth,
including, but not limited to Curly -leaf pondweed (CLP) and/or Eurasian water-milfoil (EWM).
Additionally, native species will be controlled, including Coontail, Elodea, and/or Naiad in high traffic
areas, including Boat Launches and areas used by riparian owners for accessing the lake.
Designated treatment area shall be treated through the application of Aquathol-K, Weedar 64,
Navigate(or Sculpin G), Tribune and/or ProcellaCOR EC for aquatic weed control. Furthermore, if
requested by Customer, areas may be treated for algae control through the application of
Cutrine-Plus, Cutrine Ultra, Captain and/or Captain XTR.
In the event Starry Stonewort requires treatment, costs will be quoted to Customer after consultation
with the DNR to determine size of area to be treated and product types and amounts to be used.
All treatments will be conducted according to the Pre Treatment Plan as agreed to by the Customer
and as approved by the Wisconsin DNR. The initial (primary) treatment will occur in May or June, with
any further treatments after July 1 limited to small scale treatments for control of navigational
impediments.
Customer Responsibilities (when applicable
i. Customer will be responsible for the following:
a. Obtaining required WI DNR Permit, including payment of all Permit Fees and/or required
Public Notice.
b. Providing Certified Abutters List for abutter notification where required..
General Qualifications:
1. Company is a licensed pesticide applicator in the state in which service is to be provided.
2. Individual Applicators are Certified Pesticide Applicators in Aquatics, Public Health, Forestry, Right of
Way, and Turf/Ornamental as required in the state in which service is to be provided.
3. Company is a SePRO Preferred Applicator and dedicated Steward of Water. Each individual
applicator has been trained and educated in the water quality testing and analysis required for
prescriptive site -specific water quality management and utilizes an integrated approach that
encompasses all aspects of ecologically balanced management. Each applicator has received
extensive training in the proper selection, use, and application of all aquatic herbicides, algaecides,
Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management.
Recipients may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM $
Services Contract
Page 6 of 6
adjuvants, and water quality enhancement products necessary to properly treat our Customers' lakes
and ponds as part of an overall integrated pest management program.
4. Company guarantees that all products used for treatment are EPA registered and labeled as
appropriate and safe for use in lakes, ponds, and other aquatic sites, and are being applied in a
manner consistent with their labeling.
5. All pesticide applications made directly to the water or along the shoreline for the control of algae,
aquatic weeds, or other aquatic pests as specified in this contract will meet or exceed all of the
Company's legal regulatory requirements as set forth by the EPA and related state agencies for NPDES
and FIFRA. Company will perform treatments that are consistent with NPDES compliance standards as
applicable in and determined by the specific state in which treatments are made. All staff will be fully
trained to perform all applications in compliance with all federal, state, and local law.
6. Company will furnish the personnel, vehicles, boats, equipment, materials, and other items required to
provide the foregoing at its expense.
Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management.
Recipients may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM 9