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Winslow Bay residents take traffic matters into their own hands
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Published: September 25, 2009
Dissatisfied with Mooresville's answers to neighborhood traffic concerns, the Winslow Bay Home Owners Association decided to solve the problem itself.
HOA members bought stop signs and paint and transformed two intersections on the main road of the west-side subdivision into four-way stops, confident that they had made a dangerous situation safer for their children.
But town officials responded with a letter saying the stop signs and pavement markings must be removed. The stop signs had been placed on town-owned streets and the striping put down incorrectly, officials said.
Members of the HOA came before the Town Board Monday night with a request to leave the signs in place. After commissioners were deadlocked 3-3 in their vote, Mayor Bill Thunberg broke the tie by voting in favor of tabling a decision -- allowing signs to remain for now.
Prior to the discussion, Commissioner Chris Carney noted that he lives in the Winslow Bay subdivision. Carney did not ask for a recusal from the discussion or vote, contending that there was nothing financial at stake and that he could make a "fair and impartial decision."
HOA member Raif Todd told commissioners there were several safety concerns associated with Glencoe Road, the main road through the 242-home subdivision located behind the Winslow Bay Commons shopping center west of I-77 near Exit 36.
A blind curve obscures the visibility of drivers entering the neighborhood, especially at an intersection used by many pedestrians.
Also, Glencoe Road only has sidewalks on one side of the street which children have to cross to catch the school bus. Todd said there had been too many close calls involving children.
"Our concern is for the safety of our children and the pedestrians in our neighborhood," he said. "We will work with Public Works to fix all signage at our own expense."
Public Works Manager John Finan said the former HOA board had contacted him last year about the possibility of having stop signs. After reviewing the situation, Finan told the association that the intersections didn't generate enough traffic to meet standards for warranting the expense of a study.
The cross streets intersecting Glencoe Road are cul-de-sacs with about a dozen homes. Glencoe Road terminates in a dead-end and was not a cut-through road to another destination. Police had placed a speed trailer in the neighborhood and staff had made suggestions to add a "School Bus Stop Ahead" sign.
Both Walmsley and Sanreed drives have stop signs, but the new homeowners association placed additional signs, without authorization, to change those intersections into four-way stops. They also added pavement markings, without authorization, incorrectly striping the stop bars too far into the intersection.
Town Attorney Steve Gambill told commissioners that there are no town ordinances prohibiting residents from putting up stop signs, but without town approval, police are unable to cite a person for running it.
Gambill also told the Tribune on Wednesday that "a person who puts up such a sign also assumes the liability for accidents caused by its use."
Also Wednesday, Finan explained that residents of a street or subdivision can submit a petition for a request for speed bumps, stop signs, no parking signs, etc., but the petition must have 75 percent of the property owners' signatures.
If the situation requires a traffic study and the requirements are met, the request goes to the town board for approval. Some requests, like speed limit requests, can go straight to the town board based on staff recommendations.
Monday night, Assistant Town Manager Erskine Smith recommended upholding town regulations. "Our concern is that it was not approved by the (town) board, which would give police the authority to write tickets," he said.
"The average person doesn't understand a simple action by the board," Carney said in response to Commissioner Frank Rader's comments that the HOA should have brought its proposal to staff for review. "We're placing blame on good intentions and I implore us to be just and fair and not penalize," added Carney.
Commissioners Mac Herring and Miles Atkins also thought the signs should be allowed to stay. "Processes don't always work," said Herring, saying that often issues of safety go unaddressed because they are "under the radar and don't trigger action."
Added Atkins, "The system prevents you from doing what you know is the right thing to do." He noted that Winslow Bay had tried to work through the process and had invested its own money to make the neighborhood safer.
Commissioner Thurman Houston didn't think the town should be giving homeowners associations that kind of authority, because there would be other neighborhoods expecting the same treatment.
"I understand the safety issue," said Houston, "but we have a standard that we go by and we're going to set a precedent if we do this."
Commissioner Mitch Abraham made a motion to leave the stop signs in place, but to table the decision, giving residents additional time to speak with town staffers and possibly resolve the issue.
"I think it would set a precedent; I have people on my street who would go out and put up a stop sign tomorrow," said Abraham.
Carney said Wednesday that he lives along Glencoe Road and when he saw the signs go up, his first thought was "I don't remember voting on them."
Carney said he had spoken with his neighbors by phone and encouraged them to meet with staff.
"Their impression of this was Mooresville opposed it because of cost," explained Carney. "They actually thought they were doing the town a favor by doing this."
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