Festus Council Tables Outside Counsel Vote as Residents Keep Pressure on Data Center Debate

Meeting opened with a Special Olympics proclamation before turning to recall efforts, Gamble Cemetery Road safety concerns, and future work sessions on city business.

By The Jefferson Review

The Festus City Council meeting opened with celebration, but quickly moved into the same public tension that has defined recent city business: the proposed hyperscale data center, pending recall efforts, questions over transparency, and growing demands from residents for a new direction at City Hall.

Council first recognized the Festus R-6 School District Special Olympics team, proclaiming May 12, 2026, as Festus R-6 School District Special Olympics Team Day.

The proclamation praised the district’s commitment to inclusion and noted Festus High School’s recognition as a National Banner Unified Champion School.

Council members congratulated the athletes, with several noting the medals they wore and the pride they brought to the city and school district.

The city also received word that it had been awarded $23,249 through MERMA’s risk grant program.

The funds are intended to reimburse approved purchases, including a sewer camera, a fire department hose roller, police driving instructor training, stop sticks and tasers.

A MERMA representative said the reimbursement would be completed once the city provides the required invoices.

Much of the meeting’s public comment period centered on continued opposition to the proposed CRG data center project and frustration with the city’s handling of the issue.

Several speakers said residents remain strongly opposed to the project and are continuing recall efforts against Mayor Sam Richards and sitting council members who supported the development agreement.

Residents also raised concerns about transparency, the Ward 2 council vacancy, the role of the city attorney, and whether the newly elected council members will be able to reverse or stop the data center process.

Mary Fakes, a resident near the proposed project area, urged the new council members to move quickly and carefully.

She argued that the city should use outside counsel to find a path away from the agreement, but said that attorney should represent the council and residents, not the interests of the mayor or prior negotiations.

Gabe Cotton told the council he opposed threats or violence in the debate, but said the broader community remains unified against the data center.

Erica Carter said recall signatures had been gathered and would be delivered to the city clerk.

Andrew Shelley questioned the process surrounding the Ward 2 vacancy, saying residents deserve to know how the nominee was chosen and whether other interested residents were considered.

Judy Ivory, who lives in Northwood subdivision off Gamble Cemetery Road, said residents are tired of speaking against the project and want the city to change direction.

Ivory told the council that for every person speaking publicly, many more had signed petitions, donated money, posted online, or encouraged friends inside city limits to get involved.

The council then took up Bill No. 4878, an ordinance that would hire Armstrong Teasdale as special counsel for two issues: any recall petition filed against elected officials and the city’s legal rights, responsibilities and risks under the development agreement with CRG.

City Attorney Brian Malone recommended hiring outside counsel, saying the recall process would require the council to determine whether a petition is legally sufficient after review by the county clerk.

Malone also said the data center development agreement is not as simple to terminate as some residents have suggested.

Malone told the council he was not recusing himself and did not believe he had a legal conflict, but acknowledged that because he was involved in negotiating the development agreement, his advice may not be viewed by the public as fully objective.

He said outside counsel could provide a fresh perspective and remove a point of contention.

Matt Ray, an attorney with Armstrong Teasdale, introduced himself to the council.

He said he has practiced law for 28 years, including municipal work, litigation and service as city attorney for a municipality in St. Charles County.

Councilman Rick Belleville asked whether Ray had any professional relationship with either party involved in the Festus matter.

Ray said he personally did not, but would run a conflict check through his firm.

Belleville then suggested tabling the ordinance until the May 26 council meeting so the issue could be discussed in a work session.

He said council members needed time to discuss whether hiring outside counsel was the right move, separate from the specific attorney or firm.

The council voted to table the ordinance until May 26.

Street safety on Gamble Cemetery Road also drew extended discussion.

Tammy Smith told the council she was speaking for herself and neighbors who have repeatedly asked the city to address speeding and heavy commercial traffic.

She said the road has become dangerous, with semi trucks, dump trucks, large trailers and speeding vehicles using the residential road around the clock.

Smith said trucks have damaged signs, vehicles have run off the road, and residents are afraid to retrieve mail or pull out of their driveways.

Smith asked the council to take action, including adding stop signs and keeping semi trucks off the road.

Councilman Kevin Dennis later brought Smith back to the podium during council remarks to discuss specific road damage and knocked-down signs.

City staff and council members discussed whether an updated traffic study should be done.

Staff said a previous study had not recommended the changes residents wanted, but acknowledged that conditions may have changed.

Council members discussed possible stop signs, traffic calming, commercial truck restrictions and the complication that portions of the road may involve other jurisdictions or road authorities.

The council appeared to agree that an updated traffic study should be pursued so the city can determine what action is legally and practically available.

The council also approved several community requests.

A request from Gideon Chapel for a youth convention and revival on May 16 led to a discussion over whether to block part of South Adams Street for children moving between the church and park.

Police noted the city does not typically block streets for similar requests and warned about setting a precedent.

After discussion, the council approved a modified closure plan that would provide safer access without blocking more of the area than necessary.

Council also approved a Budweiser Folds of Honor parade request connected to the Jefferson County Fair.

The event would bring the Budweiser Clydesdales through Main Street on July 23, with plans for a stop at City Hall for a photo opportunity and check presentation.

Police described the plan as a rolling closure rather than a long-term street block.

The VFW Ladies Auxiliary also received approval for a roadblock request on Sept. 19.

A representative described the group’s work supporting veterans, service members, families and the community, including donations to veterans at Jefferson Barracks and the VA home in Cape Girardeau.

During council reports, members discussed several future work session topics, including the tabled treasurer position, a city survey to gather updated public feedback, proposed ordinances, and a broader public discussion of the city budget.

Councilman Dan Moore said the treasurer position should not remain tabled indefinitely, calling it an elected position that deserves a decision.

Belleville said some new council members are also working on ordinances and want public feedback before final votes.

Council also discussed the need to begin planning for a new ladder truck for the fire department.

Fire officials said the current ladder truck will be more than 20 years old by the time a replacement could arrive, with delivery timelines estimated at roughly three years and costs now potentially around $2.5 million.

The meeting closed with additional comments about the need for transparency and upcoming work sessions. Councilman Mike Cook said some data center-related concerns were being heard, but he wanted to discuss certain matters first in a work session before responding publicly. The next major discussion is expected May 26, when council members are scheduled to revisit outside counsel, work session priorities and other pending city business.