Urgent Opportunity To Remedy Issues with H267 and I77 HOT Lanes

This afternoon, WidenI77.org posted an important notice titled - Urgent! Big Opportunity to Stop Toll Lanes Tomorrow- Please Help.

This is a chance for you to help make something wrong, right again at the General Assembly.

If you are a regular reader of aShortChronicle you've seen the posts about how H267 went from being a bill requiring the General Assembly to vote on toll lane projects to being a watered down bill that simply restricts how tolls are implemented in North Carolina.

Please take a moment and check out the above link.  This may be your best chance to impact the I77 HOT Lanes project.  Please, don't miss it.

Red Line project gets quiet boost from Raleigh. More to come?

Earlier this month, aShortChronicle reported on a statement by a reporter at a May 5th press conference on the I-77 Hot Lanes.  That statement was "the folks in Davidson were told, 'get behind us and we'll do the Red Line'".   (See  "Threats, promises, and holes in the HOT lanes dike..." for the full story.)

That statement was made as part of a question asked by Israel Balderas, formerly of WCCB Charlotte.  One week after this press conference it was announced that Balderas no longer worked for the station.

In the days following that press conference and after this post on the WidenI77.org website, there was a spirited back and forth via email between Davidson Board members and WidenI77.org.  Both aShortChronicle and DavdisonNews.net were copied on the email exchanges.  In those exchanges, two Davidson Commissioners strongly pushed back on the insinuation that there was any horse trading going on regarding the toll lanes and the Red Line.  (While these emails are public records open for anyone to see, the Commissioners' names will be omitted here since they were not asked for a quote.)  That push back resulted in updates to the WidenI77.org blog post retracting the direct implication that Davidson made a direct trade for its HOT Lane support.  WidenI77.org also requested a similar apology from Davidson's Mayor John Woods for accusatory statements he made during a recent interview claiming that those who oppose the HOT Lanes are spreading "misinformation" and causing "confusion" and "hysteria".

All of this just provides background for what happened last week and will happen this coming week.

At last Tuesday's Davidson Town Board meeting, Commissioners expressed unanimous support for the HOT lanes - sending Commissioner Jenest to the 5/22 MUMPO meeting with instructions to support the toll lanes.  (See "Davidson voices support for toll lanes" from the latest Huntersville Herald.)

Earlier that same day at the NC General Assembly, legislation that impacts the Red Line started to move, racing to beat two deadlines.  Senate bills S103 and S104 were combined into a single bill to update the rules around Special Assessment Districts and to extend the sunset for the existing SAD legislation.  The combined legislation under Version 2 of S103 sped through the State Senate during what is called "cross-over" week to beat the first legislative deadline and passed the Senate on 5/16.  This deadline is critical because bills that have not passed one chamber of the NCGA by cross-over are effectively dead for the next 2 years.  Passing the NC Senate allows the second Red Line deadline a chance to be met.  If the NC House now approves S103 and it becomes law before June 30th, the SAD sunset clause will be extended for another 2 years.  This extension is absolutely critical to the current Red Line financing plan.

This coming week events will take place that affect both the HOT Lanes and the Red Line. 

On Tuesday, 5/22, MUMPO will vote on amending the region's Long Range Transportation Plan (LRTP) and the Transportation Improvement Plan (TIP) with language supporting the HOT Lanes project.  The meeting agenda can be found here.  Ironically, the education session before this meeting will be on the legislation "now pending in the General Assembly that, if enacted, will significantly change the way transportation projects are funded. Potential impacts of the legislation will be discussed."  This refers to Governor McCrory's new transportation plan.  The irony is that immediately after learning about legislation which could impact funding for projects like widening I-77, MUMPO member are expected to vote on a plan based on what will likely be old and out of date rules within a few months.   

Also on Tuesday, the Metropolitan Transportation Commission (MTC) will receive the results of a blue ribbon panel that has been compiling ways to find more money for the region's rail transit plans.  One of the proposals according to previous reports here and here is to request an additional 1/2 cent transit tax - something that requires General Assembly approval to even put on the ballot.  While the number one problem for the Red Line at the moment may be Norfolk Southern, in the long term more money is needed, and the recommendations from this panel along with any NCGA approvals is where it will be found

Citizens should take Davidson's commissioners at their word when they state there has been no direct horse trading on the Red line for HOT lanes support.  However, there is no denying that Raleigh is already moving to support the Red Line and that the Red Line will need more support from the NCGA in the future if the project is to go forward.  When Davidson casts its vote to support HOT lanes on Tuesday, the Town certainly will not be rocking the political boat in any way that could hurt the chances for its most favorite project - the Red Line.

Bonus Observation:  The political waters are continuing to swirl for the I-77 HOT lanes as more local politicians come out of the woodwork to openly oppose the project.  See the most recent Charlotte Observer article here.  As was stated in the post about the May 5th press conference, this is going to get messier before it is all over.

Davidson Community Garden gets its own water supply!

As was reported back in April, the Davidson Community Garden far surpassed its goal fundraising goal to get its own water meter.
Over the past two weeks there has been a lot of work done. It took longer than expected to get CMUD out to do the installation, but I'm happy to report the work is now complete.  The DCG has a permanent water supply!

Eddie Beach says "the 3 yard hydrants are operational...and GREAT!!!"

When those hot days of summer get here (eventually), the garden and the gardeners won't have to worry about that most critical component - water.

It also comes just in time for more planting as the donations to DCG keep on coming.

From the latest email blast to volunteers...

"The good news for the garden just keeps on flowing! The horticulture program at North Meck High has generously donated both flower and vegetable seedlings, and a kind neighbor is bringing them up today, just in time for us to plant." (Note: Meet at DCG at 10am on Saturdays to volunteer.)


Thanks to everyone in the community who helped make this project happen!!!

H267 - George Orwell comes to Raleigh

Today, the General Assembly added insult to injury for those opposed to tolling I-77 via HOT lanes.  Once again this regards House Bill 267 - the bill which mysteriously changed names and intent during last week's House Transportation Committee. See Tuesday's post for the original story - NC House Hides from Voting on Toll Roads in North Carolina...Government Transparency is a Casualty.

The insult comes in the form of the Fiscal Note added to the bill today - Wednesday, May 15th.  Here's the selected excerpt from the note that applies to this local project...

"Based on current law, this bill applies to the project selected under S.L. 2012-104, which the DOT has determined will be used to construct high occupancy tolling (HOT) lanes on I-77.

The I-77 toll project is expected to open to traffic in FY2017 and current plans have the toll revenues paying for related upgrades to existing lanes and constructing new portions of the highway that will not be tolled to replace the affected existing lanes, as required in Section 1(a)(2). Eliminating the language on lines 22-23 in Section 1 (a)(3) and adding the restriction to limit the use of toll revenues to increase capacity will cause DOT to shift funds from another project for these impacted sections of I-77. It is not known how many sections will be impacted or the cost that will need to be shifted."

The reference to S.L. 2012-104 is likely a typo that should read S.L 2012-184.  A call is in to the Fiscal Research Division to verify, but since 104 refers to Deannexation and 184 is the law that authorizes a pilot Public Private Partnership DOT project that is almost certainly the case.

The reason this is such a slap at voters in North Mecklenburg is that when H267 was initially filed as a measure requiring a General Assembly vote on toll projects, local pols were downright adamant that H267 would not apply to I-77.

In an Orwellian move straight out of Nineteen Eighty-Four, a bill that had nothing to do with I-77 HOT Lanes now has everything to do with I-77 Hot Lanes.

This is our government.

Davidson 2014 Budget Hearing This Tuesday

Davidson Staff and Commissioners have been working to put together a budget for the next fiscal year which starts in July.  By law municipal budgets must be approved by the end of June, and to meet that date the Town scheduled a public hearing for this Tuesday, 5/14.

Here's a link to the proposed budget if you are interested in some light reading.

Some of this year's highlights:

• How much does Davidson owe to Mooresville after the renegotiated interlocal agreement for Mi-Connection which caps Davidson's payments and ownership of the company?  Answer:  At the end of this current fiscal year, Davidson will have $574,121 on the Mooresville credit card for what the Town owes but has not paid for Mi-Connection subsidies.  This accounts for money Davidson had "overpaid" in previous years due to the retroactive nature of the updated interlocal signed last year.  Under next year's proposed budget this debt to Mooresville will go up to a total $1,278,268.  Against these debts, Davidson has socked away $600,000 in it's capital project account.  This debt will continue to grow until Davidson's portion of the annual subsidy drops below $1,000,000.  This year it will be over $1,700,000.

• Will Davidson's Fund Balance be comparable to other towns its size under this budget? Answer: Davidson will remain below the average fund balance for municipalities our size - 39% vs a 49% average.  That's a result of a conscious decision by the Board to spend rather than save. When the Mi-Connection interlocal was renegotiated and Davidson freed up $1,000,000 in cash flow last year. the Town Staff initially indicated the money would be socked away to raise Fund Balance up to the 49% level and get Davidson in line with our peers financially. (See "EFFECT ON DAVIDSON BUDGET" in the linked article from DavdisonNews.net.)  The Town Board thought otherwise.  Davidson elected officials chose to use all of the available cash on more spending - approving a Capital Improvement Plan with many millions in spending over the next 5 years.  The Town fund balance will likely go down some when Davidson gets the final numbers on the County revaluation fiasco.  That may result in the Town paying up to a few hundred thousand dollars over the next couple of years for the overpayments since 2011.  

• Will Davidson's Town Board meetings be televised under this budget?  Answer:  It appears not.  However, meetings may have audio recordings made available. There's simply not enough money left to video meetings - something that would truly help engage the public and give people who can't attend a better sense of what goes on at these meetings.  While the Town can't find the technological resources to enhance government interaction with the citizens in this way, it has found dollars for resources targeted at visitors.  The budget includes $26k for 3 digital information kiosks at South Main, Downtown, and Circles areas.

• What's the good news out of this year's budget? Answer: No property tax increase.  Remember, it's an election year.

NC House Hides from Voting on Toll Roads in North Carolina...Government Transparency is a Casualty

Something happened quietly at the last meeting of the NC House Transportation Committee which should disturb and anger anyone who believes our government should operate in an open an honest manner.  There's simply no other way to put it.

As readers of aShortChronicle know, House Bill 267 was filed in early March with the title - NCGA Prior Approval/Interstate Tolling.  This bill would have required an "act of the general assembly" before any tolling could take place on an existing interstate road in North Carolina.  The initial story was covered here and a follow-up was covered here when Committee Chair and Mecklenburg Representative, Bill Brawley, signed on to the bill as a sponsor.

As has been reported previously, upon its initial filing opponents of the I-77 HOT lanes project initially thought this bill might provide an opening to stop this effort to implement tolls locally.  However, Rep Brawley as well as Co-Sponsor John Torbett of Gaston County immediately began to backpedal on the bill's impact to I-77 saying, without any solid or documented justification, that I-77 would in fact not be impacted by the bill.  No additional vote would be required. (See here for more on that.)

Last Thursday this bill finally was heard in Committee, but the NCLEG.net page for the bill was not updated.  Friday night, aShortChronicle received this response from legislative staff as to the status of the bill.

"The bill passed with a couple of changes.  It will be reported out Monday and the new version will be on the internet after that." (Emphasis added.)

Today, that report came.

Here's the new version of the bill with a new title - Limit Tolling on Existing Interstates. 

This is a completely new bill with no mention of the NCGA voting.  "Only a couple of changes" becomes something "completely and totally different".  This new bill now focuses on how tolls can be implemented rather than the General Assembly voting on when they can be implemented.

Unfortunately, this type of activity has become par for the course in this debate about tolls on I77.  Transparency and dealing in good faith went out the window some time ago for tolling supporters. 

Here are some other examples:

• See this story for details on a public meeting between transportation officials, consultants, and municipal elected leaders conveniently organized to avoid State open meetings laws.
• See this story for how constituents were treated on a visit to Raleigh to discuss the I77 project with the Speaker of the House.
• See this story about the surprise vote in Cornelius which prematurely cut off debate on the topic in the only town with elected officials willing to speak out aggressively against the project.

If this is what stands for good, clean government, we are in trouble.  It's more like win at all costs even if that means destroying the public's trust.

At that, our leaders are being more than successful.

Cornelius Commissioner Blasts Town Decision to Support I-77 HOT Lanes

After last Monday's surprise vote in Cornelius where the Town Board took a split decision supporting I-77 HOT lanes, many of the project's supporters were surely hoping this would bring a quick end to the discussion in North Mecklenburg by snuffing out the only vestiges of resistance among the local town boards before ramming this project through at the next MUMPO meeting.   

 

Unfortunately for them, that was not to be.

Cornelius Commissioner David Gilroy published the following on Sunday May 12th as his regular "Cornelius Update" newsletter.  Read this and ask yourself if you think this discussion is ready to be put to bed.

Begin Commissioner Gilroy's comments to end of post...

Hello Everyone,

This entire Cornelius Update is focused on the critical I-77 Toll Lanes issue - arguably the most important question currently facing North Meck and one that will fundamentally impact our daily experience and quality of life for several decades to come. Public frustration levels on this issue are beginning to boil over in North Meck and for good reason. The 3-2 vote to affirm Toll Lanes at our Town Board meeting this past week, was undoubtedly the single worst decision I’ve witnessed in my 8 years serving Cornelius. Based on the flood of emails I received, I am well aware that many of you share my profound disappointment in Chuck Travis, John Bradford, and Lynette Rinker for their ill-conceived and close-minded decision. I’ll explain where we are now on this issue, and then suggest how folks who want to channel their anger can get involved. Given the length here, you may want to read when you have a few minutes to spare.

A lot has changed since 2010 when we started exploring Toll Lanes as a means of widening I-77. Even since my last Newsletter 2 months ago when I wrote, “Political realities make financing General Purpose (GP) Lanes impossible for the foreseeable future”, the pace of change has been dramatic, and we have every reason in the world now to reconsider. In fact, anyone with an open mind taking a fresh look must acknowledge a compelling emerging opportunity to widen I-77 with GP Lanes on the same timeline as Toll Lanes, if not sooner. Here’s why -

• State funding & prioritization. Our NC Legislature is now moving Governor McCrory’s proposed Strategic Mobility Formula sponsored by this region’s own Rep. Bill Brawley. The potential new law offers $16 billion over the next decade for statewide and major regional transportation needs – with a much higher priority put on “congested arteries serving major cities”. The Observer’s article on Tuesday called this forthcoming new law “the biggest overhaul in state transportation spending policy in 24 years”. A core principle of this new regime is funding more roadway capital projects based on a “data-driven” approach, not the same old political approach of the 1989 Highway Trust Fund Act, which would be outright cancelled.

• Regional funding & prioritization. MUMPO (Mecklenburg-Union Metropolitan Planning Organization – the key allocator of funds for our region) formally adopted an entirely new methodology and criteria (“Roadway Project Ranking Methodology”) on March 20, 2013. This new criteria explicitly puts far more weight on objective factors highly advantageous to I-77 GP Lanes (e.g. Reduces Congestion, Access to Employment Center) and far less weight on factors disadvantageous to GP Lanes (e.g. Center City, Impacts Air Quality which now carry no weight at all). Carefully considered analysis presented to our Board by Kurt Naas and Vince Winegardner suggest that GP Lanes would go from the infamous MUMPO ranking of #93 circa 2010 to the top of the list, if not the #1 project in the region. For those of us who drive around this region every week, this is purely common sense.

Even if the Strategic Mobility Formula legislation doesn’t pass this session, GP Lanes would still go to the top of the list in NC if MUMPO’s new methodology supports the project. This is because I-77 GP Lanes have always scored extremely well at state level on a quantitative merit basis, but have lacked MUMPO’s political support in the past which is key.

So, when Speaker Thom Tillis, whose words have huge impact and for good reason, famously said “good luck getting GP Lanes through MUMPO” earlier this year, in a meeting with several local officials and the Widen I-77 organization, he may have been right then, but the regional and state framework for highway funding is now changing radically almost real-time.

So, why no similar change in the views of many of our politicians, as reflected in Cornelius’s idiotic vote Monday night? Several reasons, all inexcusable:

1. Ego and psychology. Travis, Bradford, and Rinker (all close colleagues of mine who do not take strong policy disagreements personally), like so many other politicians, have strenuously and loudly made the argument in recent years that “it’s toll lanes or no lanes”. We all understand the powerful instincts in human nature against admitting when we might be wrong
2. Defeatism – Many of these I-77 discussions exude an attitude of defeat – “we’ve lost; there is no hope; Charlotte owns MUMPO and they’ll never support what's fair and makes sense in North Meck because they simply don’t care, etc.” This is self-fulfilling of course; as long as North Meck leaders don’t challenge status quo thinking, then Charlotte politicians are happy to let us pay tolls forever
3. Government inertia – “hitting the pause button” is never something government at any level does well. A massive enterprise like the current $550 million Private-Public Partnership (P3) conceived in 2010 and coordinated across innumerable local, regional, and state government entities long since took on a life of its own and an aura of inevitability. It’s the “way the wind is blowing” and so many of our politicians go along to get along unfortunately
4. Absolutism – for me, the most painful reason why North Meck is “sleep walking” into a minimum 50 years of paying several dollars each way to avoid ever worsening gridlock on I-77, is the reason John Bradford gave for voting for Tolls, “unless we have 100% confirmed proof of GP Lanes in the near future, then I choose Toll Lanes.” There are huge unknowns and risks associated with Toll Lanes (see WidenI77.org for a full set of facts and insight about managed Toll Lanes realities) and similar projects elsewhere have gone terribly wrong (see recent Washington Business Journal article about an eerily similar P3 structure set up in Virginia in the late '90s now in disarray with financial failure, crazy-high tolls, and hyper congested GP lanes AND surrounding secondary roads - Greenway Mess), why in the world would we err on the side of Toll Lanes as Bradford suggests?

All of us in local, regional, and state leadership owe our constituents an intense effort to due diligence a GP Lanes option. With the rapidly changing framework for roadway projects in NC, now is the time. NC DOT will not sign the contract for Toll Lanes until the end of the year, so there is sufficient time to act. Clearly, development and good faith due diligence of an alternative option is simply smart planning. After all, I-77 must be widened ASAP, and there are still uncertainties around Toll Lane economics and feasibility. $170 million of the $550 million on the Toll Lane project is NC taxpayer funded anyway – can some way be found for these same dollars to go to GP Lanes (especially since we would only need as little as half of this total)?

As a first step, I made a motion at our Board meeting to respectfully ask MUMPO to analyze how a GP Lanes option would be evaluated under their newly adopted prioritization methodology (even if only to provide a preliminary, informal assessment). Common sense, right? Yet Rinker, in her confused, highly charged thinking on this subject, broke our tie in voting this motion down, even though earlier in the evening her chief criticism of the Widen I-77 analysis was that Naas and team had not yet worked directly with MUMPO personnel.

How can you help? Go to WidenI77.org and learn more. Sign the petition. Attend the next meeting (info below). Email lrinker@cornelius.org, ctravis@cornelius.org, and jbradford@cornelius.org and demand that Cornelius send a message to MUMPO and regional/state politicians that a serious, fresh look at GP Lanes is needed given the emerging, entirely new framework for transportation spending in NC.

WidenI77.org working session:
Date: May 14th
Time: 7pm
Place: Cornelius Town Hall,
21445 Catawba Ave., Cornelius

 

Dave Gilroy

Commissioner, Town of Cornelius