That publicly unnamed data center representative who inquired with Wiscasset last year has made no new contact with the town since last fall, town officials said July 7. That initial contact, and a non-disclosure pact that raised residents' questions about transparency, drew much public comment last year. Then the board decided it would hear no proposals for the town-owned land from anyone until several steps were out of the way, including an appraisal officials have said is ongoing.  

The July 7 discussion stemmed from what Town Manager Dennis Simmons said was Selectman Heather Jones' advance request for "time to discuss the release of documents regarding the NDA (non-disclosure agreement) and the data center ..." The agenda item read, "Discussion regarding the release of the full unredacted documents regarding the data center."

Jones, not a member when the one-year NDA was signed last Aug. 19, told the meeting, she disagrees "with the principle of NDAs being used by a Democratic body ... I don't intend to be bound by a non-disclosure agreement."

"Then you will not receive any information," Chair Alissa Eason, a retired attorney, said. She added at another point, "Unilaterally, one party cannot breach the NDA without incurring damages to the town."

"Then ... we have a sitting board member who doesn't know the full business of the board ... And that's why I needed the (town) lawyer," Jones said. She thought town counsel would be in the meeting. Town Manager Dennis Simmons said Jones had said she would speak with the lawyer separately instead of in a board meeting. Jones recalled that differently. 

Jones then asked for Economic Development Director Aaron Chrostowsky to "present everything he can present to us that doesn't fall under the NDA."

"He can present nothing," Eason said. "There is nothing he can present that is not covered by the NDA that has not already been released."

Simmons said town counsel is looking into what the town has and what can and can't be released, as some things, by statute, are confidential and not subject to the Freedom of Information Act. It may turn out the town has no such FOIA-exempt items, Simmons said, "because this (inquiry) thing never really got any feet, anyways."

"So are we still pursuing a data center," Jones asked.

"There has never been a pursuing" by the town in the matter, Eason said.

Simmons added, "There have been no conversations with anybody about building a data center since November."

Selectman Sarah Whitfield said she would like to make a statement "for the official record." She then read to the meeting: "When the town was approached by a party interested in the possibility of developing a data center in Wiscasset, the selectboard met with them just as we would with any party interested in developing town-owned property. There was a single meeting. No proposal was presented, no commitments were made, and no decisions were made.

"As everyone should know, votes cannot be taken in executive session. Any action by the selectboard must occur in public. At the conclusion of that meeting, the interested party indicated they would explore whether such a project was even feasible, including discussions with CMP (Central Maine Power) and would return if they wish to present a formal proposal. That proposal step never materialized.

"For the record, the board has not had any discussions about a data center since the matter was discussed publicly last fall, and we have not heard from the interested party since then either ... The NDA was signed not to authorize a project or allow decisions to be made in secret. I have said repeatedly over the last 10 months that if a proposal was ever submitted, it would have been treated as a public matter, and I stand by that statement. The NDA ... becomes public next month and releasing it before then would violate its terms ... and it's my understanding we have no interest in extending that and we have not heard from the interested party in extending it either. So it expires and becomes public.

"I understand why data centers have raised concerns in communities across the country particularly where public trusts have been damaged by poor processes. However, that is not what occurred here. We have had no secret negotiations, no hidden proposals, no wool being pulled over people's eyes, and no decisions made outside of public view. The board simply did what it was elected to do, seek information before deciding whether an idea deserves further consideration. Declining to learn more before dismissing a potential development would not have been responsible.

"I also want to address claims regarding the ARPA (American Rescue Plan Act) funds. At no point did the board discuss using those funds for any other purpose other than those for which they were awarded unless the county changed that. While I cannot discuss what was said in executive session, I can state that the accusation that there was even any suggestion of the misuse of funds is unequivocally false. I have not responded to many of these false accusations in the past because I did not want to lend them credibility. However, when the integrity and the ethics of the previous board and its members are called into question, including myself, it is important to respond. Speaking for myself, I have never misled the public. I have never advocated for the improper use of public funds. And over the last six years, I have consistently worked to increase transparency, expand public access to meetings and information, and ensure that the public has every opportunity to participate in decisions that affect this town. I will continue to make decisions based on what I believe is in the best interest of the people of Wiscasset and I will continue to do so openly and transparently as I have always done. Thank you."

Eason said she agreed entirely with Whitfield's summation of events. Plans call for an open-session, board discussion with the town attorney. Simmons encouraged Jones to meet with the lawyer before then to get up to speed on the matter. Jones was elected in June.