Turnpike authority looking to skip reset on $5 billion ACCESS Oklahoma

Steve Lackmeyer, Oklahoman
·3 min read
15
Tassie Katherine Hirschfeld talks with reporters at a protest outside of a fundraiser for Gov. Kevin Stitt. Members of Pike Off OTA, a group opposed to portions of the ACCESS turnpike expansion, protested the fundraiser Tuesday, Aug. 30, 2022, at the Association of Oklahoma General Contractors.
Tassie Katherine Hirschfeld talks with reporters at a protest outside of a fundraiser for Gov. Kevin Stitt. Members of Pike Off OTA, a group opposed to portions of the ACCESS turnpike expansion, protested the fundraiser Tuesday, Aug. 30, 2022, at the Association of Oklahoma General Contractors.

Turnpike officials are hoping to retroactively approve millions already spent on ACCESS Oklahoma in response to a recent court ruling that commissioners violated open meetings act requirements when they first approved the $5 billion toll road expansion.

Cleveland County District Judge Timothy Olsen ruled in December the turnpike authority willfully violated state statutes by not listing the new turnpike routes in advance of its meetings introducing and approving ACCESS Oklahoma.

As a result, Olsen ruled contracts commissioners approved with 12 engineering and consulting firms that totaled more than $132.8 million were invalid. A few days after the Dec. 1, 2022 ruling, the turnpike authority halted all work. 

More:Emails show Oklahoma Turnpike Authority bought domain names opposing $5 billion expansion plan

The agenda for an OTA meeting on Tuesday shows commissioners will be asked to ratify those prior contracts without any new selection or hiring process.

The agenda also proposes paying Poe & Associates another $6,145,705, giving the engineering firm a total of $20,187,359 for work related to ACCESS Oklahoma. The 34-person firm is led by two transportation department veterans, David Streb, former director of engineers and John Bowman, who was director of capital programs.

Jessica Brown, transportation spokeswoman, said the contracts up for a vote on Tuesday do not require firms to go through a new selection and review process because the solicitation process was not nullified by Olsen’s order.

“We're going to give them an opportunity to test that in court. It doesn’t seem like a lawful way to proceed,” said attorney Richard Labarthe, who represents 246 Norman-area residents whose homes are threatened by ACCESS Oklahoma. “Even if lawful, it’s immoral and horribly wrong.”

The Oklahoma Turnpike Authority, facing lawsuits against Norman area turnpikes shown in this map, is hoping to resume work on ACCESS Oklahoma following a ruling in December that OTA officials willfully violated the Oklahoma Open Meetings Act.
The Oklahoma Turnpike Authority, facing lawsuits against Norman area turnpikes shown in this map, is hoping to resume work on ACCESS Oklahoma following a ruling in December that OTA officials willfully violated the Oklahoma Open Meetings Act.

The major difference between Tuesday’s meeting and the original unveiling of ACCESS Oklahoma in February, 2022 is that this time around protesters and property owners will be given a chance to address commissioners before their vote.

PIKE OFF, a grassroots group fighting ACCESS Oklahoma, is planning a 9 a.m. protest outside of the Oklahoma Department of Transportation headquarters where the contracts will be decided by turnpike commissioners.

The agenda provides one hour for public comment on Tuesday with each speaker limited to five minutes. Those wishing to speak must arrive and sign up 15 minutes prior to the 10:30 a.m. meeting at 200 NE 21 in Oklahoma City.

Labarthe on Sunday said commissioners will be advised they are being asked to take a risky action that could bankrupt the turnpike authority.

The turnpike authority has suffered a string of legal losses that included the Council on Bond Oversight blocking use of a proposed line of credit and potential bond sales to fund the engineering contracts while the litigation by homeowners is ongoing. The turnpike authority is also hoping to stop depositions of employees and to remove Olsen from hearing legal challenges.

Multiple members of the Oklahoma Supreme Court, meanwhile, challenged some arguments by turnpike authority attorneys as they seek required validation for bond sales. The turnpike authority is borrowing from capital improvement funds to pay for ACCESS Oklahoma on the assumption the toll road expansion plan bonds will be validated.

“They want to spend millions more while the supreme court decides whether they can proceed,” Labarthe said. “If the supreme court votes no, they will have wasted a lot of money. It will bankrupt the Oklahoma Turnpike Authority. Do we want a bunch of bondholders to appoint a trustee to run our turnpike system? This is crazy stuff.”

Steve Lackmeyer started at The Oklahoman in 1990.  He is an award-winning reporter, columnist and author who covers downtown Oklahoma City, urban development and economics for The Oklahoman. Contact him at slackmeyer@oklahoman.com. Please support his work and that of other Oklahoman journalists by purchasing a subscription today at subscribe.oklahoman.com. 

This article originally appeared on Oklahoman: Oklahoma Turnpike Authority hopes to restart $5 billion expansion plan