Cumberland council denies resolution to amend dam engineering plans after debate over costs and property access

The Cumberland Town Council on May 20, 2026 voted to deny Resolution 26-27, which would have authorized the mayor to direct Parr Corporation to amend engineering plans for a permanent dam on the town pond. The presiding officer announced the measure was denied by a vote of 6 to 0.

The resolution grew out of an earlier design authorization (Resolution 25-55) that the mayor said had authorized design work up to $138,300. In remarks to the council, Mayor Jeffrey J. Mutter said the original design assumed access from both sides of the site; if one property owner withdraws access, construction from a single side could add roughly $100,000 to the cost and require revised engineering drawings. The mayor told council that approving 26-27 would allow staff to proceed with amended plans and avoid returning to the council for further direction if access changed.

"I wouldn't take anything by eminent domain," the mayor said in response to council questions about whether the town might use eminent domain to secure access. He repeated that he had worked with residents, attended multiple site visits and hosted numerous meetings and that he had no intention of forcing property owners off their land.

Council discussion centered on whether the council should authorize additional expenditure authority for the mayor and the risks of spending more taxpayer or ratepayer money without clearer limits. Several councilors said they were unwilling to support taking private land for this kind of project and raised objections to any allowance that could lead to an extra $150,000 commitment to the work. One councilor emphasized the project had been broadly communicated to residents and urged transparency; another said the request effectively sought permission to continue spending if circumstances changed and that the council should not formalize that open-ended authority.

The council opened a public hearing on the resolution. Keith Davenon, who identified himself as representing the Rawson Pond Alliance (a neighborhood group he said includes 25–30 families on the pond and about 100 nearby households), said he was not there to advocate for or against the resolution but thanked the mayor and staff for ongoing communication and said neighborhood input had been substantial. "We've had lots of communication and been able to stay involved in the process," Davenon said, adding he was optimistic bids might come in lower than some expect.

After public comment, Councilor Shore moved to approve Resolution 26-27 and Councilor Bolio seconded. The roll-call vote was recorded and the presiding officer announced the resolution was denied by a vote of 6 to 0.

With the measure defeated, the town will not authorize the mayor to direct Parr Corporation to amend the plans under the terms set out in 26-27; the project remains subject to prior approvals and further council action if the administration seeks new authority. Officials said bids and scheduling could be affected by access decisions but no additional council authorization for changes was approved at the meeting.

The council handled a slate of other routine business at the meeting, including appointments and event license approvals.