By Charlene Sims, info@linncountyjournal.com
MOUND CITY – Concerned about their roads no longer being private, residents of the Tanglewood Lakes development expressed their concerns to the Linn County Commission on Monday, March 17.
All of the residents of that gated community who spoke at the meeting wanted to keep the development’s roads private. Some of their concerns were expressed to Sheriff James Akes and Undersheriff Bobby Johnson also.
While Commissioner Alison Hamilton said she had received a phone call about this, Commission Chair Jim Johnson said that this information completely blindsided him. Commissioner Jason Hightower asked when the ruling was made.
On Monday, March 10, District Judge Andrea Purvis ruled that the Tanglewood Lakes roads were public. On Thursday, March 6, a “motion to dismiss” was entered in a court case regarding the felonies against 15 Tanglewood residents who had taken down the gates.
In court, the attorney for the defendants provided the information that the roads were public and the public was allowed to use those roads. The felony charges against the Tanglewood residents who took down the gates rested on the issue of whether the roads were public or private and whether their actions to unblock the roads were justified.
The information provided in the motion to dismiss showed that the roads were public. Purvis asked that the prosecutor, County Attorney Justin Meeks, to come back with proof on March 10 with information that the roads were private.
No information was found that the roads were private, and the judge threw out the felony charges from the defendants who had been arrested for removing or being at the scene of the gate removal. The defendants still have misdemeanors against them for rioting. Purvis told Meeks that it was up to him if he wanted to continue with those charges. Preliminary hearings on those will be held on Friday, March 21.
Of the nearly 30 Tanglewood residents at the commission meeting on Monday, March 17, about 10 spoke. All wanted Tanglewood Lakes to have gates and private roads even though most of them also wanted more law enforcement involvement in the community. Several directed their concerns at Akes and Undersheriff Johnson rather than the public comment to the commissioners.
County law enforcement cannot enforce traffic laws on private roadways. But, the sheriff’s office does go out to Tanglewood for other issues, like disorderly conduct, burglary and other crimes.
When the gates were in service and had to be opened with access cards, the sheriff’s office, the fire department and ambulance service had cards that allow them to get into the community.
Commissioner Johnson said that the commission just needed to listen right now.
Stacey Fromdahl, employee in the County Clerk’s office and a citizen of Tanglewood Lake, said that she was contacted the Friday after the March 6 court hearing about whether the Tanglewood Lake Roads were public or private. Because she had been the property manager at the Tanglewood Lakes Owners Association (TLOA), she was asked to produce the letter that was written and signed making the roads private.
Fromdahl said she was not able to find the letter, and other residents said they did not have it either.
“That letter would have prevented all of this,” said Fromdahl. “It sickens me if that document disappeared.”
Chuck Stevens the president of TLOA said the letter that Fromdahl was referring to did not prove the roads were private.
“We’ve shown it to the attorney. We’ve shared it with your attorney. It does not clear up anything,” said Stevens.
Stevens told the commissioners that if the roads turned out to be public roads, then the people of Tanglewood would like to know the county’s plan of action.
Stevens said that the gates were open at present to prevent anyone taking them down.
“We just spent an hour and a half listening to you folks talk about roads,” Tanglewood resident Barry Mitchell told the commissioners. “You don’t want our roads. I don’t know what kind of decision you are going to make in the next month. You don’t want our roads. You have your hands full.
“We’d just like to know if we can get some sheriff participation in our neighborhood. And for sure that you are going to take the roads. I understand that you don’t know do wa diddle about what has been said or been happening, and you won’t know it until you put your heads together.
“For fifty-five years we have maintained our own roads and done a pretty good job. We’d like to have some police help for taking care of the property, the security, keeping the bad people out.
“That’s what our gates do. I’d like to say it has kept part of the drugs out but it hasn’t, it’s kept part of it out. Let us know what you can. You don’t want our roads.”
Undersheriff Bobby Johnson told the group that up until Monday, it was believed that Tanglewood was a private lake community. The undersheriff said that if the roads did become public, traffic studies would have to be done to develop speed limits and resolutions would need to be made to have the roads posted. So if residents want to restrict speed limits down to 15 mph, then a study needs to be done.
The commissioners took no action but agreed that they needed to look into this issue.
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