As anticipated, some 19 neighbors (including Yours Truly) plus the Sheriff, the Prosecuting Attorney, and the Presiding Commissioner met at 6:00 PM at Carol S’s home to discuss the whole issue yet again. This meeting was initiated by Carol O, who decided the commission wasn’t going to do anything, and so it was time for the neighbors to unite and start prosecuting the trespassers.
Among those in attendance were local residents who own six different tracts of creek-front property, two outsiders who each own creek-front property but who live elsewhere, and four local residents who don’t own creek-front property but who are concerned about the situation, (or who just want to be allowed to swim it in the creek, for crying out loud). I suppose you can guess that I was the only attendee in the final category.
I did take notes, but I will spare our readers that particular tedium and just hit the high points here.
I was duly impressed by the sheriff. He is built like a sheriff, he sounds like a sheriff, he’s very calm, he’s very well-spoken, he’s very experienced, and you would NOT want to meet him in a dark alley (or up a dead-end creek road). He patiently explained for the umpteenth time what the landowners need to do (post their property, either with no trespassing signs and/or purple paint, and then call him when there there are violations), and what his department can and can’t – or will and won’t – do. It was all very logical, and who can argue with good logic? Well, I for one.
A mere three minutes into the meeting, when the sheriff explained that he and his deputies would be forcing all trespassers to leave, I raised my hand and asked if those who had received permission from the landowner to swim there would be told to leave. Yes, they would, because there’s no way for a deputy to know to whom the landowner has given such permission. I then extended to him my sample letter and asked if a person confronted on the property in question produced such a letter for the deputy, would it suffice to allow the person to stay there and swim? He read over the letter and said, yes, it would.
VICTORY!!!
For me, the rest of the meeting was gravy, my primary goal thence becoming to request Mr. Local D to sign a letter for me, with auxiliary goals of having as many other owners as possible also sign them, so that if anyone with our last name were to inadvertently edge a toenail onto posted property, s/he would not risk ending up in jail.
I heard numerous passionate pleas in the next hour and forty-five minutes. Several of the owners went back to beat the dead horse of why on EARTH can’t the road be CLOSED?!?!? Closing it would save the county all the hassle of patrolling it, all the cost of maintaining it, etc., etc., etc., ad nauseum.
Mr. Presiding Commissioner (our friend Chuck Pennel) calmly explained that there were properties at the end of the road for which that road was the only public access, and besides, it frankly just didn’t sit well with him to close a county road. “Harry”, one of those owners, was present and also said he did not want it closed.
There was extensive talk about gating it. The neighbors suggested that the gate could be closed all the time, or the sheriff could close it at 8:00 PM after chasing all the trespassers out, and then re-open it every morning. Chuck reminded us that if that were done, and he really did not like that idea either, not only would all the landowners have to have keys, all the county maintenance workers would need keys (because it’s still a county road), and all the county emergency workers would need keys.
The idea of putting up a sign to say that there was no public access to the creek via Blansit Road was presented. Of course that would not actually be true, because the low water bridge at the end of the road IS a public access. The sheriff said that anybody could put whatever sign he wanted on his own private property.
The sheriff also strongly encouraged each land owner to post his property, either with signs (for which, if and when trespassers are caught stealing them, they can be charged, prosecuted and forced to pay restitution – though it could take months) or with purple paint “blaze” marks on trees. Evidently purple paint is universally known and accepted to mean “private property, trespassers will be prosecuted.” I did not know this, but with all the hot air in that room I was not about to admit my ignorance.
Our friendly prosecuting attorney, in shirtsleeves and loosened tie, also came across well, explaining procedures clearly and helping all of us learn exactly what happens legally when people trespass others’ property. I was favorably impressed, and although both he and the sheriff are running unopposed, I plan to vote for them.
The resident landowners clearly want substantial county action NOW (or last month), but because many people have been swimming and partying at Big Rock for at least 50 years (for the most part, without a clue that they’ve been trespassing) – and some of those present admitted that as teens they had personally done things like racing up and down the creek road, getting drunk at Big Rock, and going parking under the bridge – it’s highly unlikely that things will change significantly before weekend. Today is Thursday, and weekends do seem to occur on a fairly regular basis.
There were other fireworks on the side – the family whose well is probably not in compliance with DNR’s (Department of Natural Resources) requirements is claiming that the asphalt fill that the county used to build up a small section of Blansit Road after the last flood will leak oil into their well, and then, Chuck, who will pay for my well? Oh, give me a BREAK!
Another member of that family – at least I think he’s married to the family member he’s living with – stuck his head in the room to holler at the sheriff, prosecuting attorney, and presiding commissioner the following direct quote, “I JUST HAVE ONE THING TO SAY. YOU GUYS AREN’T GOING TO DO A D*MN THING FOR US TILL ONE OF US GETS KILLED!” and then stomped our of the room; a fact for which I, at least, was thankful. I believe his reference was to a recent killing in Arkansas over a trespassing situation.
Then we had comments about the state highway patrol officer who somebody claimed to have seen sitting in an unmarked car down the creek road on personal property with a lady who had long brown hair. . . and the speaker guessed they had a right to do whatever they wanted but she sure didn’t want them doing it on her property.
One resident owner complained that if they put up a sign saying that the creek road property was private, then they’d have people knocking on their door (they happen to live closest to the Highway 160 bridge) all the time asking for permission. To which the sheriff replied, “Sir, that’s just part of owning creek-side property.” Good for you, Mr. Sheriff!
Someone else (Carol O, I believe) complained of all the noise, trespassing property damage, drugs, drinking, etc. The sheriff said, “Ma’am, drugs and these other problems are EVERYWHERE in this county, not just up this creek road.” And I could have clapped for “Harry” (who owns a half mile of creek frontage and does not want the road closed ) when he added, “I live in BRANSON! And I have people walking through my yard, leaving litter, shooting fireworks at all hours, drunk, and doing drugs everywhere all the time.” Amen, “Harry,” and get a life, Carol.
Finally, and most disturbing to me, were comments from two different families about the fact that they would NEVER allow THEIR kids to go to Big Rock, how they had seen our kids going down there, and how horrible it would be if something happened to one of them; the clear and pressing implication being that no one in his right mind would want to swim there because of the nasty people who go there. These comments did manage to unhinge me for a few hours after the fact, to tell the truth, but to their faces I simply said, “I hear you. I understand your concerns. I respect your viewpoint.”
With extreme restraint I managed to refrain from telling them that each person has a right to raise his own children as he sees fit, and that neither they, nor the sheriff, nor either of the Messrs. D would be held responsible if something happened to my child. Good night alive. Do these guys really think that after 18 + 16 + 14 + 9 = 57 parent/years of life I don’t give a rip about my kids?!?!? Come ON!
In the end, two owners turned down my request for a signed letter of permission to access the creek via their land, but the one who mattered the most, Mr. Local D, said that he and his brother, Mr. Out of State D (who owns the land at Big Rock), were fine for us to swim there. He said if I sent him a letter he’d sign it. I mailed it off this morning, so hopefully in a few days we’ll be able to beat this heat in the cool waters of Bull Creek at Big Rock.
And this afternoon, Andrew and I bought a length of PVC pipe and two caps, so now whoever goes to Big Rock will have a nifty “baton” in which to carry his permission slip.