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Council defers vote after heated debate over Hillandale Drive water‑main funding and ARPA use

Muskego Common Council · November 12, 2025
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Summary

Alderman Dennis Decker proposed major revisions to a resolution authorizing $1.13 million to plug a Hillandale Drive water‑main project budget shortfall; council members raised legal questions about ARPA eligibility and whether language implied reopening budgets. The council voted to defer final action pending city‑attorney review and clearer language.

Alderman Alden Decker moved on Nov. 11 to amend Resolution 0772025, the measure authorizing funding for the Hillandale Drive water‑main project, and read a line‑by‑line rewrite that would rename the measure, strike a $4,000,000 estimate, itemize ARPA and utility funding, and expressly authorize $1,134,492.97 to cover a budget shortfall.

Decker said his changes would "make it clearer" the resolution addresses a $1,134,492.97 shortfall, remove references that he said impugned employee reputations, and align the resolution with the capital‑budget resolution that originally authorized ARPA funds. "It emphasizes dealing with the shortfall amount of $1,134,492.97," Decker said as he moved the amendment and Schrader seconded.

City staff and several aldermen warned that some wording in the amendment posed legal risk. Jeff (city staff) advised that federal American Rescue Plan Act funds can be used for water infrastructure but not generally for road projects; he cautioned that calling the measure a "road and watermain" project or using the word "utilized" could be interpreted as reopening budget allocations and potentially jeopardize ARPA eligibility. "If you call this a road project, you may not be able to use the ARPA funds for that," Jeff said during the discussion.

Alderman Bob Schrader and others also disputed an assertion in the draft that a closed‑session vote had approved funding; Schrader said no such vote had taken place and called the draft language "not factual." Schrader later urged keeping the resolution "clean, simple, and precise."

Council members debated parliamentary steps — including an attempted amendment to the amendment limited to changing the project's name — and several members said the city attorney should review the rewrite before a final vote. After recorded roll calls on the name‑change motion failed and further procedural back‑and‑forth, Alderman Wolf moved to defer the item to the next meeting so Decker and staff could work with the city attorney to produce a legally sound, finalized version. The motion to defer carried unanimously.

What happens next: Council members instructed staff and the city attorney to reconcile the language with ARPA eligibility rules and with the capital budget documentation and to return with a cleaned‑up resolution at a future meeting. The item remains on the agenda for follow‑up; no final funding authorization was adopted on Nov. 11.

Provenance: Topic text appears from the resolution introduction through deferral in the meeting transcript (topicintro: SEG 501; topfinish: SEG 1374).