Pacific Board of Aldermen Meeting February 3, 2026. ______________________________________________________________________________________________________________
By Pauline Masson –
Aldermen called for sweeping changes in how the city does business. In an unusual turn of events, BOA was unanimous on all motions. There is to be no staff or city attorney action on the proposed data center without prior approval of the board of aldermen (BOA).
The changes were set out in a series of motions that were unanimously passed during the February 3 BOA meeting.
Aldermen Scott Lesh, Debbie Kelley and Tyler Hoven called for bills to be drafted that would bring in a cadre of specialists to review the data center plan. And a series of previously blacked out emails between the city attorney, mayor, city staff and the developer regarding the data center were ordered un-redacted
Mr. Lesh made a motion that the administration reach out to some specialists in the areas of environmental law, hydrology, hydrogeology, flooding, and conservation. Specifically the motion said the city should consult with the Missouri Geological Survey, the USGS offices in Rolla, Jeff Meadows the city’s lagoon specialist, an industrial architect, engineering firm, an electrical engineering firm, an environmental specialist, and some wildlife biologist should be called on for consultation to answer questions.
Mr. Hoven seconded the motion, which was unanimously approved by the BOA.
Mr. Hoven said he wanted to address concerns that had been posted on social media about the city’s work on the data center.
“Please feel free to correct me if I’m speaking out of turn here. Nobody has received enough information to make a decision on this (the data center). Nobody up here has voted yes on anything as far as approving this,” he said. “I just want to set the record straight that nobody has their mind made up as far as the data center goes. . . the suggestion that we’re pushing this thing through couldn’t be further from the truth. We don’t have enough data to do that. We haven’t heard enough from them, we haven’t seen the correct plans for the build.”
How to pay for the specialist advice was discussed. Mr. Lesh said he thought the developer should fund the needed information. He said the developer had deposited $35,000. The city should start with the deposited funds. If there is not enough in the deposit, the city should ask the developer, for more money,
“We should tell the developer,” Alderman Karla Stewart said.
Attorney Stephanie Karr said she did not think the city could “tell” the developer that more money was needed. The said the way the topic was normally handled was with a preliminary funding agreement approved by both parties. She said she would draft an agreement and discuss it with Beltline.
Mr. Lesh asked the city attorney if her firm had any specialists on environmental law. She said they did not and if the board requested an environmental law specialist she would probably bring in somebody else
Mr. Lesh also called for clarification on the source of the legal advice it received regarding the data center, He questioned whether other attorneys at Ms. Karr’s firm (Curtis, Heinz, Garrett, & O’Keefe, PC) were involved in her advice to the city.
He said since the city had an agreement with a law firm, not just an individual, he needed to ask the question.
“Attorney Karr, do you have to take the right information from any of your senior partners in any of the opinions of legal information that you give to us,” he asked.
Miss Karr was taken aback. She was unsure what brought on the question but she assured Mr.Less that all her opinions and advice were hers alone.
“I don’t take direction from anybody,”she said “When I’m giving legal advice, when I’m attending a meeting, answering questions. You know, it’s based on my 34 years of experience.”
Mr. Lesh turned his attention to NDA’s. He made a motion that the board draft a bill with the requirements that the administration inform the BOA in writing prior to entering into the agreement. The term of the NDA would end when all the board members receive all the information they have requested. The motion was improved 6Mr. Lynch turned his attention to NDA’s. He made a motion that the board draft a bill with the requirements that the administration inform the BOA in writing prior to entering into the agreement. The term of the NDA would end with all the board members receive all the information they have requested. The motion was improved 60.6-0.
Alderman Debbie Kelly made a motion that a series of emails involving NDAa and withholding information from the alderman that had been redacted for Sunshine requests be un-redacted and made available to the public,
“When I saw them (the emails) on social media, I wasn’t quite sure, because I didn’t believe there was anything legally contracted in there that should not have been shared with the public”. Her motion was unanimously approved.
The un-redacted emails did contain mention of NDAs and mention of withholding information about a proposed data center from the alderman.
Emails concerning nondisclosure agreements and withholding knowledge of a proposed data center with message blacked out.
Mr. Lesh turned his attention to the NDA’s. He made a motion that the board draft the bill with the requirements that the administration inform the BOA in writing prior to entering into an agreement. The term of the NDA would end when all board members receive all the information they requested. The motion was approved unanimously.
Secrecy surrounding the proposed data center was discussed at the January 27 BOA meeting, when Mr. Lesh mentioned emails between the administration, city, staff, and Beltline energy, with the intent to withhold knowledge om the board of alderman of the proposed data center.I want this made public,” he said. “I want a public statement.
Hometown Matters made a sunshine reque st for copies of the emails that referred to secrecy or purposely withholding information from the aldermen. Beloware quotes from several of the redacted emails
Dec. 5 Tiffany Wilson to Atty Karr “Beltline Energy will be in town next week and would like to meet with our team to discuss a potential annexation and PUD for a data center. This is highly confidential and they will be requiring everyone to sign NDA’s.”
Dec 5 Charles Kontz, Beltline Energy, to Tiffany Wilson, “We wanted to see if we could get the NDA signed prior to Beltline meeting with the broader team (the aldermen).
Dec. 5 Atty Karr to Tiffany Wilson, Mayor Filley “A couple of times in the past the individual employees and representatives, (including me) have signed individual
Dec. 8, Lee Litterell copy Attorney Karr “Does this NDA have to be signed by the mayor and if so does it have to go before the BOA.”
Dec. 9 Tiffany Wilson to Lee Litterell “They are asking if we have the signed, so they can counter sign and return to us. Please tell me this does not need to be approved by the BOA.”
Dec.9 Attorney Karr to Tiffamy Wilson. “Let’s have the mayor or city administrator sign it and we will not address anything with the board until the board approves the NDA in closed session. So, when we go into closed session to fill in the board, we will, at the outset have them approve the NDA by motion, and then, at that time, we can fill them in. If they refuse, then we don’t discuss any confidential information to the board.”
Dec.19 Mayor Filley to Attorney Karr “Regarding the NDA, we signed as a city for Beltline, does that cover the alderman as well? Lee and I are thinking, we may need to say something to them (the aldeermen) sooner rather than later.
Dec. 9 Mayor Filley to Lee Litterell. “It (the NDA) applies to anyone associated with the city. However, the question is enforcement – I would feel more comfortable if the board agrees to the NDA in close session before the information is shared.”
Dec. 19 Mayor Heather Filley to Atty Karr, “Regarding the NDA signed as a city for Beltline, does this cover the alderman as well? Lee and I are thinking, we may need to say something to them sooner rather than later.”
Dec. 19 Atty Karr to Mayor Filley “It applies to anyone associated with the city. However, the question is enforcement – I would feel more comfortable if the board agrees to the NDA enclosed session before the information shared.”
I BELIEVE THAT CONTACTING ATTORNEYS FROM OTHER STATES, WERE, DATA CENTERS HAVE BEEN CHALLENGED, AN POSSIBLY DEFEATED, IN THEIR AREA, AN SPEAK WITH THEM ON POSSIBLE STRATEGIES. THAT ARE SUCCESSFUL AT DEFEATING, THESE DATA CENTERS.