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Big Muskego Lake District Board of Commissioners PACKET 03262024CITY OF MUSKEGO BIG MUSKEGO LAKE DISTRICT BOARD OF COMMISSIONERS AGENDA 03/26/2024 5:55 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF MINUTES January 23, 2024 BMLM24.01.23.pdf VOUCHER APPROVAL UNFINISHED BUSINESS 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 2024 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. 1 CITY OF MUSKEGO BIG MUSKEGO LAKE DISTRICT BOARD OF COMMISSIONERS MINUTES January 23, 2024 5:55 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 5:59 pm. ROLL CALL Present: Chairperson Petfalski, Commissioner Wolfe, Commissioner Hammel, Commissioner Terrence, Commissioner Kapusta, Commissioner Schroeder, Commissioner Madden Absent: Commissioner Kubacki Also present: Deputy Commissioners Pilak, Kies, Burmeister and Hoeppner, Conservationist Zagar, Conservation Assistant Kidd, City Attorney Warchol, Public Works & Development Director Kroeger, Library Director Larson, City Clerk Roller, and Assistant Deputy -Clerk Treasurer Crisp. STATEMENT OF PUBLIC NOTICE City Clerk Roller stated that the meeting was noticed in accordance with the open meeting law on January 18, 2024. APPROVAL OF MINUTES October 10, 2023 BML Minutes 2023.10.10.pdf Moved by Commissioner Madden; seconded by Commissioner Schroeder to Approve. Motion Passed: 6 - 0 Voting For: Commissioner Wolfe, Commissioner Hammel, Commissioner Terrence, Commissioner Kapusta, Commissioner Schroeder, Commissioner Madden Voting Against: None VOUCHER APPROVAL None. UNFINISHED BUSINESS None. NEW BUSINESS • Deputy Commissioner's Update - Current Condition of Lake/Bay, Water Levels, Plant Growth, Fish and Wildlife. Deputy Commissioner Pilak noted there is about 12 inches of ice on Big Muskego Lake and 7- 8 inches on Bass' Bay. He also mentioned the Osprey Nesting Platforms need some repair; the number of nests is down from 6 to 3. Lastly, he thanked the City of Muskego with their assistance in acquiring the Leonard -Heck property. Deputy Commissioner Kies asked for suggestions on launch fees. There is a lot of usage from snowmobiles, kayaks and four -wheelers. Currently fees are on the honor system. Chairperson Petfalski suggested to check with the DNR. Authorization for Chairperson to Apply for Chemical Aquatic Plant Control Permit. Moved by Commissioner Schroeder, seconded by Commissioner Madden to Approve. Motion Passed: 6 - 0 Voting For. Commissioner Wolfe, Commissioner Hammel, Commissioner Terrence, Commissioner Kapusta, Commissioner Schroeder, Commissioner Madden Voting Against: None K Big Muskego Lake District Page 12 Board of Commissioners Minutes — January 23, 2024 COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW None. ADJOURNMENT Moved by Alderperson Madden; seconded by Alderperson Schroeder to Adjourn at 6:07 pm. Motion Passed: 6 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Terrence, Alderperson Kapusta, Alderperson Schroeder, Alderperson Madden Voting Against: None Minutes recorded 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 6, 2024 SUBMITTED BY: Brian Suffern - 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: $1,377.00 (May -Sept.) AND one or more of the following a) Weedar 64 additional acres: $379.00/acre (maximum, based on 4 ft. depth) b) Navigate Herbicide (granular 2,4-D) additional acres: $882.00/acre c) Sculpim G Herbicide (granular 2,4-D) additional acres: $816.00/acre d) Agathol-K for control of Curly -leaf pondweed $630,00/acre (maximum) e) Treatment of navigational channels for broad-spectrum plant control using Tribune and Aquathol-K herbicides: $630.00/acre. f) Control of filamentous algae using Cutrine -Plus, Cutrine Ultra, Captain or Captain XTR algaecides: $206.00/acre. Note: Any treatment for Starry Stonewort Control will be separately prior to treatment. g) ProcellaCOR EC: $1,030.00.00 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 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 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 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 1 % 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 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 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 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. Solitude will add the City of Muskego as an Additional Insured to its General Liability Insurance Policy. A Waiver of Subrogation and Primary and Non -Contributory Endorsements in favor of the City of Muskego shall also be provided by Solitude. A Certificate of Insurance stating that these provisions apply to the policy as required by written contract along with Endorsement forms will be provided. 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. 11. 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 ACCEPTED AND APPROVED: 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: 1253 Jensen Drive, Suite 103 Virginia Beach, VA 23451 BIG MUSKEGO LAKE/BASS BAY P & R DISTRICT Signature: Printed Name: Title: Date: Customer's Address for Notice Purposes: Big Muskego Lake/Bass Bay P & R District W182 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 &]:14 Dill 1114F_M'141AV/[4]*1 Permitting: 1, Solitude staff will be responsible for the following: Assisting the Customer with technical assistance in obtaining required WI DNR Permit. Task 1 Aauatic Weed and Alaae Control: 0 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: IN 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, adjuvants, and water quality 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 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