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Big Muskego Lake District Board of Commissioners Packet 03252025CITY OF MUSKEGO BIG MUSKEGO LAKE DISTRICT BOARD OF COMMISSIONERS AGENDA 03/25/2025 5:50 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF MINUTES January 28, 2025 BML Board of Com Minutes 2025.01.28.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, City Clerk Authorization for Chair to sign Aquatic Plant Control Agreement with Solitude Lake Management, LLC. Big Muskego Bass Bay 2025 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 BIG MUSKEGO LAKE DISTRICT BOARD OF COMMISSIONERS MINUTES January 28, 2025 5:55 PM Muskego City Hall, W182 S8200 Racine Avenue UNAPPROVED CALL TO ORDER Chairman Petfalski called the meeting to order at 5:52 pm. ROLL CALL Present: Chairperson Petfalski, Commissioner Wolfe, Commissioner Hammel, Commissioner Decker, Commissioner Schroeder, Commissioner Kubacki, and Commissioner Madden Absent: Commissioner Schwer Also present: Deputy Commissioner Burmeister, Schweitzer & Pilak; City Attorney Warchol, Public Works & Development Director Kroeger, Interim Finance Director Mustapich, Public Works Superintendent Beilfuss, Maintenance Manager Haggerty, PD Administrative Assistant Mack, Conservation Specialist Zagar, Library Director Larson, and Assistant Deputy Clerk - Treasurer Crisp STATEMENT OF PUBLIC NOTICE Assistant Deputy Clerk -Treasurer Crisp stated that the meeting was noticed in accordance with the open meeting law on Friday, January 24, 2025. APPROVAL OF MINUTES September 24, 2024 Moved by Commissioner Kubacki; seconded by Commissioner Schroeder to Approve. Motion Passed Unanimously: 7 - 0 Voting For: Commissioner Wolfe, Commissioner Hammel, Commissioner Terrence, Commissioner Kapusta, Commissioner Schroeder, Commissioner Kubacki, 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 Burmeister reported that the fall duck hunting season was described as mediocre, with few ducks observed and limited shooting activity reported. P+ Big Muskego Lake District Board of Commissioners Minutes January 28, 2025 Page 12 He also stated that a significant issue arose with the osprey program when a platform was damaged by beavers. A new design was implemented, featuring a hand -cranked platform that can be raised and lowered for bird banding. The installation involved considerable effort from volunteers, particularly Tom and Larry, who contributed design and fabrication work. Photos of the project were offered for sharing. Recent ice conditions were also noted, stating that two individuals fell through the ice over the weekend. Despite successful fishing tournaments, there were areas of open water developing on the lake. Fishing activity was noted, with varying success rates across different areas. A six -wheel ATV was purchased to replace an older model that had been in use for 20 years. This new equipment is expected to enhance operations for lake projects. Discussion Photos.pdf Authorization for Chairperson to Apply for Chemical Aquatic Plant Control Permit. Moved by Commissioner Kubacki; seconded by Commissioner Hammel to Approve. Motion Passed Unanimously: 7 - 0 Voting For: Commissioner Wolfe, Commissioner Hammel, Commissioner Terrence, Commissioner Kapusta, Commissioner Schroeder, Commissioner Kubacki, Commissioner Madden Voting Against: None COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW None. ADJOURNMENT Moved by Commissioner Madden; seconded by Commissioner Schroeder to Adjourn at 6. 05 pm. Motion Passed Unanimously: 7 - 0 Voting For: Commissioner Wolfe, Commissioner Hammel, Commissioner Terrence, Commissioner Kapusta, Commissioner Schroeder, Commissioner Kubacki, Commissioner Madden Voting Against: None Minutes recorded and transcribed by ADCT Crisp. 3 SERVICES AGREEMENT CUSTOMER NAME: Big Muskego/Bass Bay P & R District Acct. #16617 SERVICE DESCRIPTION: WI DNR Permitting and Aquatic Plant Control in Big Muskego and Bass BayEFFECTIVE DATE: March 20, 2025 SUBMITTED TO: Mr. Tom Zagar SUBMITTED BY: Brian Suffern Jackson, WI THIS SERVICES AGREEMENT (the "Agreement") is effective as of the date indicated above (the "Effective Date"), by and between SOLitude Lake Management, LLC ("SOLitude" or "Company"), and the customer identified above (the "Customer"), in accordance with the terms and conditions set forth in this Agreement. 1. SERVICES. SOLitude will provide services (the "Services") at the Customer's property in accordance with the Scope of Services attached hereto as Schedule A. 2. MODIFICATIONS. Any deviation from the requirements and Services outlined in Schedule A involving extra cost of material and labor will result in extra charges. Such additional services will be provided by SOLitude only upon a Change Order mutually approved by the parties in writing (the "Change Order"). 3. PRICING. The Customer agrees to pay for the Services, as well as any applicable sales or other taxes, in accordance with the Pricing Schedule attached hereto as Schedule B. 4. PAYMENT. SOLitude shall invoice Customer following completion of each required Service. Payment is due within thirty (30) days of the invoice date. Any disputes with an invoice or invoices must be brought to the attention of SOLitude by written notice within one hundred and twenty (120) days from the invoice date, otherwise Company will not be liable for any potential credits or adjustments. The parties agree to use good faith efforts to resolve any disputed invoice amounts within thirty (30) days after written notification of a dispute. Disputed amounts shall not affect payment of all undisputed amounts, and Customer agrees to pay all undisputed amounts owed on any disputed invoice within the applicable due dates. Invoices not paid on or before the invoice due date shall accrue interest charges at a rate of one percent (l%) per month, accruing as of the invoice date, until the time that such amounts are paid in full. Additionally, the Customer is liable for payment of all costs of collection of past due accounts, specifically including, but not limited to, court costs, expenses, and reasonable attorneys' fees. In addition to the compensation paid to SOLitude for performance of the Services, Customer shall reimburse SOLitude for all of the expenses paid or incurred by SOLitude in connection with the Services, including, but not limited to non -routine expenses, administrative fees, compliance fees, or any other similar expense that are incurred as a result of requirements placed on SOLitude by the Customer that are not covered specifically by the written specifications of this Agreement ("Reimbursable Expenses"). 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, the customer will be invoiced and responsible for paying said additional taxes in addition to the contract price and other fees. 5. TERM AND EXPIRATION, This Agreement shall commence on the Effective Date and shall expire upon completion of the Services required by Customer specified in Schedule A. 888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM 4 Services Agreement Page 2 of 8 6. TERMINATION. In the event that this Agreement is terminated for any reason prior to SOLitude's completion of the Services, Customer agrees to reimburse SOLitude for any costs incurred, including, but not limited to, labor costs, materials and fees, that SOLitude may have incurred in preparation for the provision of its Services. 7. RESERVED. 8. INSURANCE. SOLitude will maintain general liability and property damage insurance as necessary given the scope and nature of the Services. A certificate of insurance will be issued to Customer, upon request. 9. INDEMNIFICATION; LIMITATION OF LIABILITY. THE CUSTOMER AGREES THAT THE WORK PROVIDED UNDER THIS AGREEMENT IS NOT TO BE CONSTRUED AS INSURANCE, OR AS A COVENANT, GUARANTEE, WARRANTY, OR PROMISE OF ANY KIND THAT THE CUSTOMER IS IN COMPLIANCE WITH ANY LEGAL GUIDELINES OR REQUIREMENTS. COMPANY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY REGARDING THE PRACTICES AND OPERATIONS OF THE CUSTOMER, AND BEARS NO RESPONSIBILITY OR LIABILITY FOR WHETHER THE CUSTOMER CARRIES OUT THE RECOMMENDATIONS MADE BY COMPANY AND IN NO EVENT WILL COMPANY BE LIABLE FOR CONSEQUENTIAL, INDIRECT, OR ECONOMIC DAMAGES. THE CUSTOMER SHALL INDEMNIFY AND HOLD COMPANY HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, AND ATTORNEYS' FEES OR COSTS BROUGHT BY ANY THIRD PARTIES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR BY FAILURE OF THE CUSTOMER TO ACT IN ACCORDANCE WITH ANY LEGAL REQUIREMENTS IN CONNECTION WITH THE SERVICES DESCRIBED IN SCHEDULE A. 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. COMPANY WILL BE RESPONSIBLE FOR ONLY THOSE DAMAGES, CLAIMS, CAUSES OF ACTION, INJURIES, OR LEGAL COSTS CAUSED BY ITS OWN DIRECT NEGLIGENCE OR MISCONDUCT, BUT THEN ONLY TO AN AMOUNT NOT TO EXCEED THE ANNUAL FEES CHARGED UNDER THE AGREEMENT. 10. CONFIDENTIAL INFORMATION. "Confidential Information" means any information disclosed by one party ("Discloser") to the other party ("Recipient"), either directly or indirectly, in writing, orally, or by inspection of tangible objects, other than information that the Recipient can establish (i) was publicly known and made generally available in the public domain prior to the time of disclosure; (ii) becomes publicly known and made generally available after disclosure other than through Recipient's action or inaction; or (iii) is in Recipient's possession, without confidentiality restrictions, at the time of disclosure by Discloser as shown by Recipient's files and records immediately prior to the time of disclosure. Recipient shall not at any time (a) disclose, sell, license, transfer, or otherwise make available to any person or entity any Confidential Information, or (b) use, reproduce, or otherwise copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to Recipient or as required by applicable law. Recipient agrees to take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. All Confidential Information shall at all times remain the property of Discloser, and all documents, electronic media, and other tangible items containing or relating to any Confidential Information shall be delivered to Discloser immediately upon the request of Discloser. Notwithstanding the foregoing, if Recipient is required by law, regulation, subpoena, government order, regulatory agency order, judicial order, or other court order to disclose any Confidential Information, Recipient shall give the Disclosing Party timely and lawful written notice of such a requirement prior to such disclosure, and shall reasonably and lawfully cooperate with the Disclosing Party to seek a protective order, confidential treatment, or other appropriate measures for such Confidential Information. 888.480.LAKE (5253) SOLITUDELAKEMANAGEMENT.COM rj Services Agreement Page 3 of 8 1 l . 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. 12. RIGHT TO SUBCONTRACT. The Company, in its sole discretion, may subcontract or delegate to an affiliate or third party any of its duties and obligations hereunder. 13. FUEL/TRANSPORTATION SURCHARGE. Like many other companies that are impacted by the price of gasoline, a rise in gasoline prices may necessitate a fuel surcharge. As such, the Company reserves the right to add a fuel surcharge to Customer's invoice for any increase in the cost of fuel as measured above the same time period in the prior year (by the National U.S. Average Motor Gasoline -Regular Fuel Price per Gallon Index reported by the U.S. Department of Energy). The surcharge may be adjusted monthly (up or down) with the price of gasoline. 14. 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. 15. E-VERIFY. SOLitude utilizes the federal E-Verify program in contracts with public employers as required by Florida State law, and acknowledges all the provisions of Florida Statute 448.095 are incorporated herein by reference and hereby certifies it will comply with the same. 16. GOVERNING LAW. Except for the Mandatory Arbitration Clause in Section 17 of this Agreement, which is governed by and construed in accordance with the Federal Arbitration Act, this Agreement shall be governed by, and construed in accordance with, the laws of the state in which the Services are performed. 17. MANDATORY ARBITRATION. Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise ("Claim"), arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association ("AAA"), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed ("AAA Rules"). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator's decision shall be final, binding, and non -appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator's award; any such suit may be brought only in Federal District Court for the District in which the services were performed or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. Venue for arbitration hereunder shall be within the state where the customer's property, that is the subject of the services provided, is located. 18. ASSIGNMENT. The Company may assign this Agreement to a related or affiliated entity upon written notice to the Customer. 888.480.LAKE (5253) SOLITUDELAKEMANAGEMENT.COM 6 Services Agreement Page 4 of 8 19. NOTICES. All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be directed to the individuals and addresses listed in the signature block. Notices sent in accordance with this Section shall be deemed effectively given: (a) when received, if delivered by hand (with written confirmation of receipt); (b) when received, if sent by a nationally recognized overnight courier (receipt requested); or (c) on the third (3rd) business day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. 20. DISCLAIMER. SOLitude is not responsible for the failure of any treatment, equipment installation, or other work that may 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 Agreement 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 SOLitude, unless there is willful negligence on the part of SOLitude. 21. BINDING. This Agreement shall inure to the benefit of and be binding upon the legal representatives and successors of the parties. 22. 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. 23. SEVERABILITY. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining Terms and Conditions of this Agreement shall remain in full force and effect. [SIGNATURES FOLLOW ON THE NEXT PAGE] 888.480.LAKE (5253) SOLITUDELAKEMANAGEMENT.COM 7 Services Agreement Page 5 of 8 By signing below, the parties agree to be bound by the terms and conditions of this Agreement and any accompanying schedules as of the Effective Date. ACCEPTED AND APPROVED: SOLITUDE LAKE MANAGEMENT, LLC. BIG MUSKEGO/BASS BAY P & R DISTRICT Signature: Printed Name: Title: Date: Please Remit All Payments to: SOLitude Lake Management, LLC 1320 Brookwood Drive Suite H Little Rock AR 72202 Please Mail All Notices and Agreements to: SOLitude Lake Management, LLC 1253 Jensen Drive, Suite 103 Virginia Beach, VA 23451 Signature: Printed Name: Title: Date: Customer's Address for Notice Purposes: Big Muskego/Bass Bay P & R District W182 S8200 Racine Ave. Muskego, WI 53150 888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM $ Services Agreement Page 6 of 8 SCHEDULE A - SCOPE OF SERVICES Task 1, Permitting 1. SOLitude staff will be responsible for the following with cost included in contract: a. Obtaining any Federal, state, or local permits required to perform any work specified in this Agreement where applicable, between the months of March thru April.. b. Attending any public hearings or meetings with regulators as required in support of the permitting process. c. Filing of any notices or year-end reports with the appropriate agency as required by any related permit. d. Notifying the Customer of any restrictions or special conditions put on the site with respect to any permit received, where applicable. Task 2: Aquatic Weed 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(s) 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: 1. Customer will be responsible for the following: a. Providing information required for the permit application process upon request. b. Providing Certified Abutters List for abutter notification where required. c. Perform any public filings or recordings with any agency or commission associated with the permitting process, if required. d. Compliance with any other special requirements or conditions required by the local municipality. e. Compliance and enforcement of temporary water -use restrictions where applicable 888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM 9 Services Agreement Page 7 of 8 General Qualifications: Company is a licensed pesticide applicator in the state in which service is to be provided. 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. 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 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. 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 Agreement 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. Company will furnish the personnel, vehicles, boats, equipment, materials, and other items required to provide the foregoing at its expense. The application method and equipment (boat, ATV, backpack, etc.) used is determined by our technician at the time of the treatment to ensure the most effective method is provided for optimal results. 888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM 10 Services Agreement Page 8 of 8 SCHEDULE B — PRICING SCHEDULE The total fee for the Services is $1,475.00 . SOLitude shall invoice the Customer following completion of each Task Service. Task 1: WDNR APM Permit Application: $ 1,475.00 (March thru April) OPTIONAL: Upon request of needed servicer an addendum will be sent for signature: Task 2: Treatment Service 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_ 888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM 11