The Charlotte City Council has written a draft resolution that calls for the North Carolina Department of Transportation to “undertake a targeted reevaluation and design analysis of the Interstate 77 toll lane project.”
But council members are not opposing toll lanes, and it appears the statement would still allow the DOT to issue a request for proposals from developers for toll lanes in June, as planned.
WFAE obtained the resolution Tuesday under the state’s open records law.
Council members have been debating for weeks about how to handle the controversial project, which would add two toll lanes in each direction from uptown to the South Carolina line. The highway expansion is opposed by some historically Black neighborhoods near center city, as well as the groups Sustain Charlotte, Action NC and the Black Political Caucus.
The business community — led by the Charlotte Regional Business Alliance — wants the toll lanes to ease congestion on one of the state’s most congested highways.
The draft resolution was touted Monday by City Council members Joi Mayo, whose district would be impacted, and Ed Driggs, a toll lane supporter.
“I believe the resolution that I appreciate is a powerful statement of our concern for our constituents and our values,” Driggs said.
The resolution asks the DOT to study different designs, including options that don’t include toll lanes. It also asks for the state to consider building the project in phases and to get updated toll revenue and traffic projections.
It also requests that the state “pause further advancement of procurement and other irreversible actions.”
Some elected officials said privately Tuesday that they interpreted the pause on procurement as not allowing the DOT to issue in June the request for proposals to contractors — a key milestone toward building the toll lanes. The DOT had originally planned to issue the RFP to four pre-selected developers in March, but pushed that back to get more public feedback.
But Driggs said in a statement to WFAE that the RFP would be allowed to continue. He said that, in his view, procurement wouldn’t begin until after a final contract is signed. Charlotte City Attorney Andrea Leslie-Fite declined to weigh in on what exactly the resolution meant. She said that will be a City Council decision.
A big decision-making body
As the toll lane project’s fate is being debated, the key decision-maker is the Charlotte Regional Transportation Organization. CRTPO has the power to stop or modify the project, and the city of Charlotte holds more than 40% of the vote on the group’s board.
The seven-page resolution has only one paragraph that specifically directs the Driggs — the city’s CRTPO representative — to take action. It says Driggs is “to advocate for a targeted reevaluation and expanded analysis of design options … and to withhold support for final tolling approval or contract authorization until these conditions are met and reviewed by City Council.”
That wording raises questions.
Is the “expanded analysis of design options” just another look at different ways to build the toll lane project as envisioned today? The DOT has already said it’s doing that. Does “advocate” mean Driggs is required to bring forth a binding vote for all CRTPO board members to take? Or does it just call for him to ask the DOT to do the things the City Council wants?
The resolution also states that the City Council recognizes that, historically, highway projects have negatively impacted Black and underserved communities.
Robert Dawkins with Action NC said he wasn’t impressed.
“It gives them the ability to say we’re working for you, we’re fighting for you, this isn’t in our control,” he said. “But they could have stood in front and led at the beginning of the process.”
Sustain Charlotte said the resolution is a step in the right direction. But the environmental advocate wants an independent group — not the DOT — to study alternatives.
Raki McGregor with the Black Political Caucus said his organization’s full board needs to study the draft resolution before he can comment on it.
“What I feel very comfortable saying is the body is looking for the desired outcome, which is reduction in congestion,” McGregor said. “What I know up to this point, the body has not seen anything that brings forth that reduction in congestion.”
At Monday’s council meeting, Driggs — who is white — said he was sensitive to the Black residents who feel threatened by the highway widening.
“I want to emphasize that I’m old enough to remember when Dr. King was assassinated,” he said. “I remember the Civil Rights movement. I saw ‘whites only’ signs. It was a tragedy for our country and painful to behold.”
He then urged his colleagues to stay strong and not cancel the project.
“We all have that motivation and share the concerns of some of the protestors. But that doesn’t mean we have to do their bidding,” he said.
Council members are expected to discuss the resolution May 11.
