VIENNA — The Maries County commissioners approved 2-1 July 13 to hire Travis Elliott’s law firm — Ellis, Ellis, Hammons & Johnson — to rewrite the county’s policy for utility right of way and road crossing procedures for buried lines, ensuring greater clarity on standards.

This decision comes as part of the commissioner’s ongoing discussion about how to handle utility right-of-way agreements on county roads and Vesper Energy’s Vichy Solar project.

Rodney Southard, eastern district commissioner, and Vic Stratman, presiding commissioner, believe the county should have a policy for utility work, as more companies install fiber optic cables. However, Patrick Kleffner, western district commissioner, voted no because he was concerned about the county losing control, since many residents had expressed that they don’t want the project.

The commissioners discussed that to deny one company’s work while approving another’s, they would need a reason for doing so, with or without a written policy. However, Kleffner’s concern was that by adopting this policy, the county had to let any company that met the specifications do the work, even if they disagreed with the project.

“But I think my opinion is, if we don’t have one, we can maybe control what is done in the county,” Kleffner said.

After the Vichy Solar project is complete, Kleffner is concerned that a company may want to build a data center.

County Clerk Rhonda Rodgers also told Kleffner that utility companies had always asked for permission to work. Therefore, Kleffner doesn’t think removing the policy would cause companies to start burying unauthorized cables.

Because Kleffner was open to rescinding the policy adopted June 18, he didn’t want to pay for a law firm to rewrite the policy. However, because the motion was approved, Kleffner agreed to pay half the cost from his district's budget and half from Southard's district.

The vote came July 9 after commissioners met with Prosecuting Attorney Anthony (Tony) Skouby in closed session about Chapter 67 of the Revised State Statutes and concerns about potential legal action.

According to Southard, during the July 10-11 storms, he saw cables on the ground from washed-out roads and embankments, prompting him to consider what specifications (such as overhead wires) they had missed. However, even before the closed session meeting, he had researched these policies.

Southard also said that Skouby said it would be beneficial to have a legally reviewed and written policy for utility right of way.

Storms

In other business, the commissioners also discussed the possibility of public assistance from the Federal Emergency Management Agency from July 10-11 storms.

Gov. Mike Kehoe declared a state of emergency July 10 for flash flooding, allowing state agencies to coordinate with local jurisdictions. However, for federal funding, President Donald Trump must declare an emergency or major disaster.

Kleffner said that straight-line winds knocked many trees onto county roads and that road crews are still working on cleaning the debris.

While the county is tracking the cost to recover from the storm in case of federal reimbursement, Rodgers is unsure that Maries County will qualify for assistance. Kleffner recalled hearing about houses and parts of towns in other counties being washed away.

“The state will qualify, but I don’t know that Maries County will be part of that. I don’t really believe it will,” Rodgers said.

Tire dumping

The commissioners also discussed tires illegally dumped on County Road 448 during the storms. Eastern district road crews July 10 removed three loads, totaling more than 50 tires, according to Southard.

Stratman said that when road crews are cleaning up, they are not taking care of routine tasks like hauling gravel or grading or paving roads.

“While people might think that they’re getting rid of them, they’re costing the county money by diverting labor that could otherwise be spent better,” he said.

Ozark Rivers Solid Waste Management District grant

Stratman also received a postcard from the Ozark Rivers Solid Waste Management District’s 2026 grant to help local government, schools and nonprofits reduce waste disposed of in landfills.

A grant writing workshop will be held July 22, 10 a.m. - 12 p.m., at the Meramec Regional Planning Commission in St. James, or on Zoom. The deadline is 12 p.m. on Aug. 21 for applying.

Stratman said those seeking more information can contact him.

CLARIFICATION: In an earlier version of this article, The Advocate wrote that Western District Commissioner Patrick Kleffner did not want to pay for the legal rewrite of the county right-of-way and road use policy if they were going to rescind the agreement instead. But he clarified Aug. 17 that because the motion did pass, his district’s budget will pay for half of the cost.