Mayor Roberts could veto toll lane vote, adding twist to I-77 controversy

As the Charlotte City Council prepares to vote on whether to support Interstate 77 toll lanes, it’s possible Mayor Jennifer Roberts could veto the council’s decision – further complicating the issue.

Council members are scheduled to vote on directing their representative on the Charlotte Regional Transportation Planning Organization on how to vote Jan. 20. Charlotte’s vote on CRTPO is crucial, because the city holds 46 percent of all votes.

Gov. Pat McCrory has asked that CRTPO vote on the region’s long-term transportation plan, which includes toll lanes on I-77, I-485 and U.S. 74.

The council’s Monday agenda calls for a vote on whether to support all managed lanes planned for the region.

But it’s possible the City Council, and CRTPO, could endorse the plan while removing the I-77 project.

During her mayoral campaign, Roberts said she opposed I-77 toll lanes because of a clause in the DOT’s contract with a private developer that hinders building new free lanes on the highway for 50 years.

But since being elected, Roberts has not spoken out against the project. In an interview with the Observer last week, she said the city had been “dealt an unacceptable hand by the state.”

She was alluding to the financial penalty for canceling the contract, which the DOT originally said could be up to $100 million. Based on a recent consultant’s report commissioned by the State Auditor, the DOT said the penalty could reach $300 million.

Critics of the project said the $300 million estimate is vastly inflated.

It’s unclear who would pay the penalty.

Monday’s vote is expected to be close, possibly a 6-5 decision either for against the toll lanes.

There is a group of council members who have either said they will vote against the toll lanes, or who have expressed concern over the project: Republicans Ed Driggs and Kenny Smith; and Democrats Claire Fallon and LaWana Mayfield.

Driggs said Friday he is concerned about the project but hasn’t decided how he will vote.

On the other side, there is a group of council members who have consistently voted for the project, or who have indicated they will support it: Democrats John Autry, Vi Lyles, James Mitchell and Greg Phipps.

In the middle are Democrats Julie Eiselt, Patsy Kinsey and Al Austin.

If council members reject the toll lanes, it’s possible Roberts could veto their decision. If they support the lanes, she could also use her veto.

Gregg Watkins, a Roberts communications aide, was asked Friday whether Roberts would use a veto Monday.

He said Roberts is “still getting information and feedback and weighing options.”

Mayfield said Friday she is voting against the toll lanes.

“Yes, I support managed lanes, but I don’t support what the governor did with the contract,” she said. “I will be voting no.”

Council members believe that Kinsey and Austin will ultimately be the deciding votes on the toll lanes.

Kinsey said Friday she is still getting information and declined to say how she will vote.

Austin said he also hasn’t made up his mind, and is worried about Charlotte having to pay the cancellation penalty.

“My concern has to do with the ramifications and consequences of what we are doing,” Austin said. “If you sign a contract, and you break that, there will be consequences.”

He added: “Who will be paying for that?”

This story was originally published January 9, 2016 at 8:00 AM with the headline "Mayor Roberts could veto toll lane vote, adding twist to I-77 controversy."