Little Rock board fails again to pass data center moratorium

It was deju vu all over again on Tuesday night when the Little Rock City Board of Directors failed on a 4-4 vote to pass a six-month moratorium on data center projects.

The board took up this issue in August, when some members tried to pass an 18-month moratorium. But the board made the same vote, with the same directors voting the same way. Six votes are needed to pass an ordinance. 

The ordinance being considered Tuesday would have given the city time to set up restrictions and regulations relating to water, noise, emergency infrastructure, zoning regulations and monitoring relating to data center projects. The urgency to pass an ordinance comes at a time when Google is planning to build a $1 billion data center at the Port of Little Rock.

Both measures were sponsored by Director Kathy Webb, and at both meetings, Jay Chesshir, head of the Little Rock Regional Chamber, came in like a relief pitcher to finish the deal, appearing to scare away anyone considering voting with the “yes” contingent with threats that a moratorium could mean legal trouble for the city.

One of the “no” votes came from Webb’s friend, Director Capi Peck, who was listed in the agenda handout as a co-sponsor of the moratorium ordinance. After Peck voted against Webb’s 18-month moratorium back in August, she took heat on social media for her action.

Webb seemed to be expecting a different outcome this week. 

In a text exchange earlier in the day, she was asked if she thought the measure would pass.

“I think so!” she wrote back. “Four sponsors including me.”

After the meeting, Webb said the vote caught her by surprise.

“It was a shock,” she said. “It was not expected.” She said she thought she had five votes going into the meeting and was hoping to peel off one of the at-large directors.

Asked if she was done with trying to get a moratorium passed, she said possibly, but that she had made a promise when the board passed an ordinance regulating data centers in June to make improvements to that measure.

“I keep my promises,” she said.

A half-dozen citizens spoke in support of the passage of the ordinance, with one person speaking against it. 

 Then came time for the directors to speak. Peck confirmed she was a co-sponsor – giving Webb credit for the lion’s share of the work – and said she had read over the measure and marked it up several times. In the end, though, she said she still found it to be “pretty technical.” 

She then invited Brad Jordan, director of Planning and Development for the city, to the microphone, asking him if his department could handle everything that would be required to implement the ordinance.

“Whatever we’re asked to do, we’ll do it and we’ll do it well,” he said. He went on to say that getting it done in such a short period of time would be challenging.

“It means for the next year, we’ll be doing this,” he said.

Director Dean Kumpurus, instead of immediately giving his thoughts, invited Chesshir to speak, a move that brought a few grumbles from the crowded chamber. Chesshir also spoke against the 18-month moratorium.

Chesshir’s main argument was that most of what was covered in Webb’s legislation would already be dealt with by one of several local, state or federal agencies, such as the state health department and the Arkansas Division of Environmental Quality, as well as the federal Environmental Protection Agency. To pass an ordinance that conflicts with those agencies would be to invite “legal and litigation risk,” Chesshir said. 

In all, Directors B.J. Wyrick, Virgil Miller Jr. and Andrea Lewis joined Webb in voting for the measure, while Directors Lance Hines, Kumpuris and Joan Adcock joined Peck in voting against it. Director Antwan Phillips abstained.