VIENNA — Resident Derek Hutson came to the Aug. 26 Maries County Commission meeting to discuss a dispute he had been having with a neighbor over the county road.

Hutson lives on Maries Road 541 south of Vienna. Western District Commissioner Ed Fagre oversees the road’s maintenance. Hutson said he had been trying to work with the county for four months to do something about the road, but every time he tried, he was sent to another person. He said Fagre had told him to go to the sheriff’s office, the sheriff’s office had told him to go to the prosecutor’s office and the prosecutor’s office had told him to go to the county commission.

“You guys are jerking me around in a circle that is neverending,” Hutson said.

According to Hutson’s allegations, his neighbor had been diverting water onto the county road by building a gravel berm around a curve near his driveway.

Fagre said he was caught in the middle because the neighbor had told him the county was diverting water onto his property to get it off the county road to satisfy Hutson.

Hutson said the water wants to naturally go onto the neighbor’s property. He only wanted the road maintained instead of the county making an effort to appease either of the property owners.

Fagre’s suggestion was to vacate the road and give it to the property owners to eliminate the problem from the county’s perspective. Hutson said that was the county “copping out of their job.”

Hutson encouraged Fagre to “maintain the road in the manner it should be maintained.” When Fagre asked who would decide how the road needs to be maintained, Hutson said to look at the laws for road maintenance and let those decide.

Fagre said he was not a lawyer, and he thought the best solution was vacating the road because not everyone could be happy regardless.

Hutson disagreed with vacating the road and said that the discussion would not stop there if the commission did not take any steps to resolve the issue.

Prosecuting Attorney Tony Skouby was at the meeting and said he was unsure if state statute defined how to maintain a road. Hutson said he had read the statute on what people cannot do to roads, and he alleged his neighbor had violated the statute. He read an excerpt from 229.150 R.S.Mo. “Ditches and crossings, how made — obstructions or damage prohibited, exception — violations, remedy…” The statute’s second point says:

“No person or persons shall willfully and knowingly obstruct or damage any public road by obstructing the side or cross drainage or ditches thereof, or by turning water upon such road or right-of-way, or by throwing or depositing brush, trees, stumps, logs, or any refuse or debris whatsoever, in said road, or on the sides or in the ditches thereof, or by fencing across or upon the right-of-way of the same, or by planting any hedge or erecting any advertising sign within the lines established for such road, or by changing the location thereof, or shall obstruct or damage said road, highway, or drains in any other manner whatsoever.”

Hutson asked who in the courthouse was going to uphold the law. Fagre said someone needed to do something to keep the neighbor from interfering with the road, but he was unsure if talking with him would stop any alleged wrongdoing.

Presiding Commissioner Victor Stratman said that along with fixing the road to let the water run as it should, he would favor sending the neighbor an official letter from the commission to let him know the potential legal consequences of interfering with the road.

Eastern District Commissioner Doug Drewel suggested that Hutson step outside while the commission discussed how to proceed. Then, Drewel recommended that Fagre fix the road and it was ultimately his decision if the county pursued vacating the road.

Fagre said he thought moving the berm so it no longer interfered with the road would solve the problem. He said he would do it, but he wanted to let the neighbor know before the road district did it.

When the commission told Hutson the plan, he said it would be a fine starting spot, but he wanted to know if a culvert needed to go back on the road to widen the hillside. Fagre said he could put rock in the ditch, but he did not want it to be too much, or else water would go across the road. Hutson asked if a culvert that the road district had removed needed to be replaced.

Fagre said he had thought about it and they could revisit it after getting through the current issue with the berm.

The following day, Fagre and Stratman met with the neighbor at his home. During the Aug. 29 meeting, Stratman said the plan was to widen the road at the curve near the man’s house and adjust the berm to keep the water on the left side of the road instead of on the road.

Elevator Bids

The commission opened bids for elevator upgrades during the Aug. 26 meeting. The county contacted a handful of elevator service companies after the courthouse elevator began experiencing intermittent issues, including trapping an employee inside for about 20 minutes because the doors would not open.

All the technicians who visited the courthouse agreed that the project would only need to update some of the elevator’s components instead of doing a complete overhaul. The bids included replacements for the pump, opener, oil and electronic components. The cylinders, doors, cab (and interior), entrance panels, guide shoes and hydraulic jack will remain the same.

The first bid came from Cardinal Elevator for $129,051.23. Century Elevator Service bid $116,400. Schindler Elevator placed a $154,481 bid.

The commission accepted the bid from Century Elevator Service. The bid requires a $42,000 deposit upon acceptance. The county will pay another $42,200 upon delivery of materials to the courthouse. It will pay for the rest of the project upon completion of the project and final inspection.

Stratman called the companies to let them know the results of the bids. At the Aug. 29 meeting, County Clerk Rhonda Rodgers said she had sent the signed contract back to Century Elevator Service. Stratman said he would need to notify Schindler Elevator when the project began because the upgrade work would terminate the county’s service contract with Schindler.

Fair concerns

Rodgers shared with the commission an email she had received from Mark Humphrey, who shared some concerns he had about accessibility at the Maries County Fairgrounds.

“For those who are handicapped/aged it is a nightmare,” he wrote.”One cannot push/drive a wheelchair at your fair because of the location. It was more accessible when it was at the city park and more enjoyable.”

The commissioners read through the email and acknowledged Humphrey’s concerns, but they agreed that the issue is one for the Maries County Fair Board to handle. Rodgers sent him a follow-up email to let him know that the commission had heard the concern but it was not their place to make any changes.

Motor Vehicle Revenue

Treasurer Angie Stricklan shared the county’s motor vehicle revenue for August. Road One and Road Two share the revenue 55 percent and 45 percent, respectively.

Motor fuel tax revenue totaled $42,223.08 in August, which was a 4 percent increase over the previous August. Motor vehicle taxes totaled $12,613.42 in August, which was a 16 percent increase over the previous August. Motor vehicle fees totaled $4,640.73 in August, which was a 21 percent increase from the previous August.

Other business

Rodgers said her office had received an $11,750 election security grant. She planned to use it to buy one or two updated voting machines that tabulate votes faster. She hoped to have them by the Nov. 5 general election.

The county’s total bill for legal fees related to a Sunshine Law request by resident Dana Thompson in July came out to $3,093.75 for 13.75 hours of work by the attorney.

Jailer Nicole Bexten came to the Aug. 29 meeting to let them know that the water heater had stopped working. Stratman went down to look at the water heater, and when he returned, he said it would not adjust. He called a technician to let him know that the county needed a new water heater. The tank had previously had problems with a leak.

The commission reappointed Ray Schwartze and Gene Gillespie to their positions on the Gasconade Valley Enterprise Zone (GVEZ) board. Community leaders from Maries, Osage and Gasconade counties serve on the GVEZ board to promote and help the expansion of new or expanding businesses in the area.