The depravity of the OTA's predictable and repeatable behavior is difficult to explain concisely to people who haven't lived the nightmare for more than two years.
I have been a resident of Norman for the last 55 years. My retirement home is located in the orange zone (as shown on the ACCESS website) of the south extension turnpike (SET).
The first and foremost ethic in the Code of Ethics for the American Society of Civil Engineers (ASCE), the American Society of Highway Engineers (ASHE), and the American Society of Professional Engineers (NSPE), and other engineering societies is to hold paramount the protection of the health, safety, and welfare of the public. ASCE advocates that civil engineers must: Continually guard against conflicts of interest, either real or perceived. Adhere to codes of ethics, including ASCE’s Code of Ethics, to a level above reproach and beyond the influence of competing interests.
I am deeply concerned there may exist conflicts of interest among the engineering firms that will be responsible for the environmental studies, environmental permitting, and environmental field compliance pertaining to the ACCESS program. These firms will be responsible for the acquisition of environmental information and data, analysis of the data, environmental study conclusions and recommendations, preparation of environmental reports and statements, permitting, compliance, and interfacing with governmental agencies.
Poe and Associates (Poe) holds the contract with OTA to provide overall management of the ACCESS program. According to the attached project organizational chart Poe and Associates provided OTA (a public record), the environmental aspects of the ACCESS program are to be performed under Poe’s program management contract.
Three engineering firms (Garver, Poe, and Hudson Prince) are shown on the organizational chart to provide “environmental studies & permitting, and field compliance”. This is all an astonishing “fox guarding the hen house” moment writ large. It is an understatement to say that it stretches credulity to imagine that these three engineering firms, each holding multi-million dollar prime contracts with OTA for engineering design on the ACCESS program could do any environmental analysis here free of the conflict inherent of having such enormous economic interests in seeing the proposed “Kickapoo Extensions” come to fruition.
All three of these firms are listed on Poe’s organizational chart, and the ACCESS website, to serve as ACCESS’s “Corridor Managers” under Poe’s program manager contract. In other words, all three of these engineering firms listed to perform environmental studies, environmental permitting, and environmental field compliance have unimaginably lucrative financial incentives (from their ACCESS OTA prime contracts for design and various subcontracts to other ACCESS engineering firms) in seeing the ACCESS program being fully implemented and constructed.
If you believe Poe, Garver or Hudson-Prince could possibly render truly objective environmental decisions vis-a-vis our irreplaceable Lake Thunderbird watershed, I suggest that the words of the George Strait song “Ocean Front Property” apply here:
“I’ve got some ocean front property in Arizona.
From my front porch you can see the sea.
I’ve got some ocean front property in Arizona,
If you’ll buy that, I’ll throw the Golden Gate in free.
It greatly concerns me that due to their complete lack of independence and impartiality to the ACCESS program and having breathtakingly enormous financial incentives based on the full implementation of the ACCESS program, these three firms would almost certainly be biased against fully evaluating and reporting negative environmental impacts of the ACCESS program.
Engineering firm proponents of the OTA ACCESS program should not be performing the critical environmental studies needed for the ACCESS project.
These are not the engineering firms the City of Norman should want performing environmental studies to determine and evaluate the myriad of environmental impacts the OTA ACCESS program will have on the watershed of Lake Thunderbird and the water source for the City of Norman (as well as Midwest City and Del City). The City of Norman should firmly insist on, and accept no less than, the environmental studies, environmental permitting, and environmental field compliance being performed by legitimately independent and unbiased third-party entities with no financial incentives hitched to the implementation and construction of the ACCESS “Kickapoo Extension” program.
I respectfully urge you to vote NO on any resolution(s) regarding any type of “partnership with OTA”, or the acceptance of the OTA ACCESS turnpikes in the City of Norman. OTA’s past actions have proven they are no partner with the City of Norman and Norman residents.
I respectfully urge you to vote YES on a resolution which will protect our Lake Thunderbird watershed and our (already impaired) water source from being further polluted by the OTA ACCESS program.
This email is in opposition to the pro-turnpikes, “partners” resolution the OTA is pressuring you to adopt.
GOOD COUNCIL RESOLUTIONS SERVE VERY IMPORTANT PURPOSES
At their best, City Council Resolutions serve two important purposes. First, they restate the policy position of a City regarding an important issue. Second, they provide important policy direction to City Staff, who are ultimately obligated to carry out the policy directives of the Council. The Council, in turn, is ultimately obligated to serve their constituents: the Citizens of the City.
City Councils must stand strong in asserting these policy directives. Special interests and outside influences frequently exert pressure on Cities to adopt positions and take actions without regard to whether those things are in the best interest of the City and its Citizens as a whole. This is exactly what some of us warned the Council – verbally and in writing - when the Council unanimously passed a resolution against the turnpikes over two years ago. We warned the Council to stay firm, because the OTA and certain special interests would inevitably be coming at the City to undermine the policy directives contained in the resolution.
THE OTA’S PROPOSED PRO ACCESS OKLAHOMA RESOLUTION IGNORES THE OTA’S POOR TRACK RECORD
The OTA is asserting exactly that kind of undue influence on the City of Norman now. The OTA wants the Council to de facto overrule its prior resolution, come out in support of the turnpikes, and assert that the City and the OTA are now “partners” in the turnpike projects. The OTA wants you to set aside many other priorities and do this fast. As usual, the OTA wants you to do it without having solid plans, studies, due diligence, or in critical areas even routes, in place. Good partners, especially ones who are also supposed to be public servants, do not pressure their other partners to “hurry up and sign off, fall in line, or else.” Yet that is what the OTA is trying to do to you now.
The OTA has clearly not been a good partner to the City. The OTA has done little or nothing to work with the City or respect its citizen’s rights in this process.
This is not new. The OTA has a demonstrated, documented record of violating Oklahoma Department of Environmental Quality regulations. In recent dealings with Oklahoma County on the Kickapoo Turnpike, the OTA damaged existing roads leading to the turnpike and refused to fix them or pay to have them fixed. In dealings with Jenks on the Creek Turnpike, the OTA claimed, based merely on its own unilateral, unsupported claims of general compliance, that it did not need a floodplain permit from the City of Jenks, nor did it need to prepare an environmental impact statement for the federal government.
Likewise, the OTA is currently resisting the need for permits and appropriate environmental impact studies for the 7,000-foot bridge from Newcastle to Norman, even though Sections 404 and 408 of the Clean Water Act, together with Corps regulations, clearly call for them. Be skeptical about claims of environmental compliance from the OTA.
Moreover, as recently attested by a local geologist and numerous residents, there is now pervasive flooding of the Mustang Creek Basin in the Mustang, Yukon, and OKC areas near the Kilpatrick Turnpike because of the construction of the third leg of the Turnpike. Local citizens and the City of Oklahoma City have been left holding the bag to figure out a solution. See https://yukonprogressnews.com/2021/04/14/neighbors-speak-out-on-mustang-creek-issues/
No wonder the Oklahoma County Commissioners recently decided to strike a proposed pro ACCESS Oklahoma “partners with the OTA” resolution. https://youtu.be/QySDG18cyDU (agenda item starts at about 11:15, and commissioner discussion begins at about 28:15). No wonder the candidates for the State Senate District 15 seat covering our area have unanimously come out in opposition to the turnpikes and the OTA’s recent behavior.
You should do the same.
THE CONTENT IN THE NASH RESOLUTION RESTATES THE CITY’S COMPELLING INTERESTS IN A MUCH BETTER WAY
The resolution introduced by Council Member Nash serves both purposes that a good Council resolution must serve. It restates the policy position that the City Council first adopted over two years ago – a position in opposition to the turnpikes. Based on my continuing conversations with Council Members, and the words of the Mayor at a recent town hall about the turnpikes, opposition to the turnpikes remains the unanimous, consensus position of the Council today.
The Nash resolution also serves the purpose of a clear policy directive to City Staff. That policy directive is for staff to use the City’s considerable permitting and other powers to protect the integrity of the City’s water supply, and to prevent flooding hazards and polluted stormwater runoff. The resolution directs City Staff to protect the City’s environment and natural resources around Lake Thunderbird, the Canadian River, and wherever else the OTA may be seeking to run a turnpike through Norman.
Yes, the OTA has received state law authorization from the Oklahoma Supreme Court to move forward with the proposed new turnpikes. This came, however, via a dubiously reasoned majority opinion where the vigorous dissenting opinions clearly had the better of the day. Ironically, the majority opinion heavily relied on the concepts of the recently overruled Chevron doctrine, which required federal courts to defer to a federal agency’s own, often self-serving view of the agency’s statutory authority. The dissents, conversely, employed the better reasoned “construe a statute as plainly written” mandate that all federal courts must now employ in determining the statutory authority of a federal agency. For the moment, a thin majority of the Oklahoma Supreme Court has decided the OTA has the bare legal authority to proceed with its proposed new routes. But that authority stands on thin ground.
Moreover, that bare authority does not mean that the City no longer has permitting powers over the OTA’s proposed new turnpikes. It does not mean that the Council has to abandon its well-settled policy position and come out in support of poorly conceived turnpikes. Doing so risks sending a message to City Staff that it’s best if they just stand back, turn the other way, and let the OTA just come on through, come what may.
As for a so-called hybrid resolution, it may indeed be wise to include a detailed list of needs from the City in a well-worded resolution. Just make sure that detailed, comprehensive plans, specifications, and written contracts are entered into which hold the OTA’s feet to the fire. You don’t have to kowtow to the OTA and betray your citizen’s rights in order to work with the OTA where needed and maintain civil lines of communication with them. Indeed, I would say that working with us in our efforts is now more important than ever.
There is nothing more important an elected official can do than provide constituent services. Your constituents are going to need your help in the coming weeks, months, and years. This Council must maintain its policy position in opposition to the turnpikes. Even if you believe the turnpikes are inevitable - and they are not - the Council must nevertheless direct City Staff to use any and all means necessary and available to protect the City and its Citizen’s health, welfare, resources, and rights.
Here's another great letter one of our free-way fighters wrote.
REF: OTA PROPOSED RESOLUTION
Dear Norman City Council Member,
As a Norman citizen for over 40 years, I am writing to you so my voice will be heard regarding the proposed OTA resolution to the City of Norman. I am not only writing for myself, but also for family and friends who are expressing the same concerns.
I am opposed, as are many others, to any partnership or resolution with OTA
Why am I opposed? How can a decision be made to negotiate with them when all the information is not known? Studies have not been completed. My perception, as many others, of the business dealings with OTA is that cities have allowed them to ram rod and take control…. Who is in control of the cities.. OTA or the city? OTA does not complete studies, then they continue to proceed…. They do not ask for permission…. They only ask for forgiveness after damage is done…It’s basically extortion….. Trick or treat…
I believe to trust, you have to be truthful…. There is a huge distrust with OTA and government officials because many of them have not been transparent and truthful. I am directly affected by the proposed Access Turnpike that was announced in February 2022. I assure you that I had no prior knowledge of this bully plan to make a turnpike thru my home.
I totally agree with Amy Cerato’s letter to you dated August 6, 2024. There is an army of concerned citizens who are vocally and quietly opposing any negotiations with OTA. They are offering options to consider… Please do to turn a deaf ear to their research or any concerned citizen.. There are alternate routes and plans that should be considered….
PLEASE have the gumption to take back control of Norman and fight this resolution and any turnpike until all the information is completed!
PLEASE step back and stop being in such big hurry to appease OTA. Are YOU afraid of the OTA?
PLEASE represent the people who have elected you and put the brakes on OTA thru Norman.
Amy how do we share this on the norman community facebook page to create even more awareness. Also, i would like to send this in an email to Our Congress and state senators?
Dennis, you can copy the URL of this post and then paste it into the comment box in the Facebook app in any group you'd like. There is a share button too, at the top of the substack, that you can use to copy and paste this post anywhere you'd like. Thank you for sharing and participating as a toll road fighter!
One more great letter!
Dear Council member,
I have been a resident of Norman for the last 55 years. My retirement home is located in the orange zone (as shown on the ACCESS website) of the south extension turnpike (SET).
The first and foremost ethic in the Code of Ethics for the American Society of Civil Engineers (ASCE), the American Society of Highway Engineers (ASHE), and the American Society of Professional Engineers (NSPE), and other engineering societies is to hold paramount the protection of the health, safety, and welfare of the public. ASCE advocates that civil engineers must: Continually guard against conflicts of interest, either real or perceived. Adhere to codes of ethics, including ASCE’s Code of Ethics, to a level above reproach and beyond the influence of competing interests.
I am deeply concerned there may exist conflicts of interest among the engineering firms that will be responsible for the environmental studies, environmental permitting, and environmental field compliance pertaining to the ACCESS program. These firms will be responsible for the acquisition of environmental information and data, analysis of the data, environmental study conclusions and recommendations, preparation of environmental reports and statements, permitting, compliance, and interfacing with governmental agencies.
Poe and Associates (Poe) holds the contract with OTA to provide overall management of the ACCESS program. According to the attached project organizational chart Poe and Associates provided OTA (a public record), the environmental aspects of the ACCESS program are to be performed under Poe’s program management contract.
Three engineering firms (Garver, Poe, and Hudson Prince) are shown on the organizational chart to provide “environmental studies & permitting, and field compliance”. This is all an astonishing “fox guarding the hen house” moment writ large. It is an understatement to say that it stretches credulity to imagine that these three engineering firms, each holding multi-million dollar prime contracts with OTA for engineering design on the ACCESS program could do any environmental analysis here free of the conflict inherent of having such enormous economic interests in seeing the proposed “Kickapoo Extensions” come to fruition.
All three of these firms are listed on Poe’s organizational chart, and the ACCESS website, to serve as ACCESS’s “Corridor Managers” under Poe’s program manager contract. In other words, all three of these engineering firms listed to perform environmental studies, environmental permitting, and environmental field compliance have unimaginably lucrative financial incentives (from their ACCESS OTA prime contracts for design and various subcontracts to other ACCESS engineering firms) in seeing the ACCESS program being fully implemented and constructed.
If you believe Poe, Garver or Hudson-Prince could possibly render truly objective environmental decisions vis-a-vis our irreplaceable Lake Thunderbird watershed, I suggest that the words of the George Strait song “Ocean Front Property” apply here:
“I’ve got some ocean front property in Arizona.
From my front porch you can see the sea.
I’ve got some ocean front property in Arizona,
If you’ll buy that, I’ll throw the Golden Gate in free.
It greatly concerns me that due to their complete lack of independence and impartiality to the ACCESS program and having breathtakingly enormous financial incentives based on the full implementation of the ACCESS program, these three firms would almost certainly be biased against fully evaluating and reporting negative environmental impacts of the ACCESS program.
Engineering firm proponents of the OTA ACCESS program should not be performing the critical environmental studies needed for the ACCESS project.
These are not the engineering firms the City of Norman should want performing environmental studies to determine and evaluate the myriad of environmental impacts the OTA ACCESS program will have on the watershed of Lake Thunderbird and the water source for the City of Norman (as well as Midwest City and Del City). The City of Norman should firmly insist on, and accept no less than, the environmental studies, environmental permitting, and environmental field compliance being performed by legitimately independent and unbiased third-party entities with no financial incentives hitched to the implementation and construction of the ACCESS “Kickapoo Extension” program.
I respectfully urge you to vote NO on any resolution(s) regarding any type of “partnership with OTA”, or the acceptance of the OTA ACCESS turnpikes in the City of Norman. OTA’s past actions have proven they are no partner with the City of Norman and Norman residents.
I respectfully urge you to vote YES on a resolution which will protect our Lake Thunderbird watershed and our (already impaired) water source from being further polluted by the OTA ACCESS program.
Thank you.
Another great letter!
This email is in opposition to the pro-turnpikes, “partners” resolution the OTA is pressuring you to adopt.
GOOD COUNCIL RESOLUTIONS SERVE VERY IMPORTANT PURPOSES
At their best, City Council Resolutions serve two important purposes. First, they restate the policy position of a City regarding an important issue. Second, they provide important policy direction to City Staff, who are ultimately obligated to carry out the policy directives of the Council. The Council, in turn, is ultimately obligated to serve their constituents: the Citizens of the City.
City Councils must stand strong in asserting these policy directives. Special interests and outside influences frequently exert pressure on Cities to adopt positions and take actions without regard to whether those things are in the best interest of the City and its Citizens as a whole. This is exactly what some of us warned the Council – verbally and in writing - when the Council unanimously passed a resolution against the turnpikes over two years ago. We warned the Council to stay firm, because the OTA and certain special interests would inevitably be coming at the City to undermine the policy directives contained in the resolution.
THE OTA’S PROPOSED PRO ACCESS OKLAHOMA RESOLUTION IGNORES THE OTA’S POOR TRACK RECORD
The OTA is asserting exactly that kind of undue influence on the City of Norman now. The OTA wants the Council to de facto overrule its prior resolution, come out in support of the turnpikes, and assert that the City and the OTA are now “partners” in the turnpike projects. The OTA wants you to set aside many other priorities and do this fast. As usual, the OTA wants you to do it without having solid plans, studies, due diligence, or in critical areas even routes, in place. Good partners, especially ones who are also supposed to be public servants, do not pressure their other partners to “hurry up and sign off, fall in line, or else.” Yet that is what the OTA is trying to do to you now.
The OTA has clearly not been a good partner to the City. The OTA has done little or nothing to work with the City or respect its citizen’s rights in this process.
This is not new. The OTA has a demonstrated, documented record of violating Oklahoma Department of Environmental Quality regulations. In recent dealings with Oklahoma County on the Kickapoo Turnpike, the OTA damaged existing roads leading to the turnpike and refused to fix them or pay to have them fixed. In dealings with Jenks on the Creek Turnpike, the OTA claimed, based merely on its own unilateral, unsupported claims of general compliance, that it did not need a floodplain permit from the City of Jenks, nor did it need to prepare an environmental impact statement for the federal government.
Likewise, the OTA is currently resisting the need for permits and appropriate environmental impact studies for the 7,000-foot bridge from Newcastle to Norman, even though Sections 404 and 408 of the Clean Water Act, together with Corps regulations, clearly call for them. Be skeptical about claims of environmental compliance from the OTA.
Moreover, as recently attested by a local geologist and numerous residents, there is now pervasive flooding of the Mustang Creek Basin in the Mustang, Yukon, and OKC areas near the Kilpatrick Turnpike because of the construction of the third leg of the Turnpike. Local citizens and the City of Oklahoma City have been left holding the bag to figure out a solution. See https://yukonprogressnews.com/2021/04/14/neighbors-speak-out-on-mustang-creek-issues/
No wonder the Oklahoma County Commissioners recently decided to strike a proposed pro ACCESS Oklahoma “partners with the OTA” resolution. https://youtu.be/QySDG18cyDU (agenda item starts at about 11:15, and commissioner discussion begins at about 28:15). No wonder the candidates for the State Senate District 15 seat covering our area have unanimously come out in opposition to the turnpikes and the OTA’s recent behavior.
You should do the same.
THE CONTENT IN THE NASH RESOLUTION RESTATES THE CITY’S COMPELLING INTERESTS IN A MUCH BETTER WAY
The resolution introduced by Council Member Nash serves both purposes that a good Council resolution must serve. It restates the policy position that the City Council first adopted over two years ago – a position in opposition to the turnpikes. Based on my continuing conversations with Council Members, and the words of the Mayor at a recent town hall about the turnpikes, opposition to the turnpikes remains the unanimous, consensus position of the Council today.
The Nash resolution also serves the purpose of a clear policy directive to City Staff. That policy directive is for staff to use the City’s considerable permitting and other powers to protect the integrity of the City’s water supply, and to prevent flooding hazards and polluted stormwater runoff. The resolution directs City Staff to protect the City’s environment and natural resources around Lake Thunderbird, the Canadian River, and wherever else the OTA may be seeking to run a turnpike through Norman.
Yes, the OTA has received state law authorization from the Oklahoma Supreme Court to move forward with the proposed new turnpikes. This came, however, via a dubiously reasoned majority opinion where the vigorous dissenting opinions clearly had the better of the day. Ironically, the majority opinion heavily relied on the concepts of the recently overruled Chevron doctrine, which required federal courts to defer to a federal agency’s own, often self-serving view of the agency’s statutory authority. The dissents, conversely, employed the better reasoned “construe a statute as plainly written” mandate that all federal courts must now employ in determining the statutory authority of a federal agency. For the moment, a thin majority of the Oklahoma Supreme Court has decided the OTA has the bare legal authority to proceed with its proposed new routes. But that authority stands on thin ground.
Moreover, that bare authority does not mean that the City no longer has permitting powers over the OTA’s proposed new turnpikes. It does not mean that the Council has to abandon its well-settled policy position and come out in support of poorly conceived turnpikes. Doing so risks sending a message to City Staff that it’s best if they just stand back, turn the other way, and let the OTA just come on through, come what may.
As for a so-called hybrid resolution, it may indeed be wise to include a detailed list of needs from the City in a well-worded resolution. Just make sure that detailed, comprehensive plans, specifications, and written contracts are entered into which hold the OTA’s feet to the fire. You don’t have to kowtow to the OTA and betray your citizen’s rights in order to work with the OTA where needed and maintain civil lines of communication with them. Indeed, I would say that working with us in our efforts is now more important than ever.
There is nothing more important an elected official can do than provide constituent services. Your constituents are going to need your help in the coming weeks, months, and years. This Council must maintain its policy position in opposition to the turnpikes. Even if you believe the turnpikes are inevitable - and they are not - the Council must nevertheless direct City Staff to use any and all means necessary and available to protect the City and its Citizen’s health, welfare, resources, and rights.
Here's another great letter one of our free-way fighters wrote.
REF: OTA PROPOSED RESOLUTION
Dear Norman City Council Member,
As a Norman citizen for over 40 years, I am writing to you so my voice will be heard regarding the proposed OTA resolution to the City of Norman. I am not only writing for myself, but also for family and friends who are expressing the same concerns.
I am opposed, as are many others, to any partnership or resolution with OTA
Why am I opposed? How can a decision be made to negotiate with them when all the information is not known? Studies have not been completed. My perception, as many others, of the business dealings with OTA is that cities have allowed them to ram rod and take control…. Who is in control of the cities.. OTA or the city? OTA does not complete studies, then they continue to proceed…. They do not ask for permission…. They only ask for forgiveness after damage is done…It’s basically extortion….. Trick or treat…
I believe to trust, you have to be truthful…. There is a huge distrust with OTA and government officials because many of them have not been transparent and truthful. I am directly affected by the proposed Access Turnpike that was announced in February 2022. I assure you that I had no prior knowledge of this bully plan to make a turnpike thru my home.
I totally agree with Amy Cerato’s letter to you dated August 6, 2024. There is an army of concerned citizens who are vocally and quietly opposing any negotiations with OTA. They are offering options to consider… Please do to turn a deaf ear to their research or any concerned citizen.. There are alternate routes and plans that should be considered….
PLEASE have the gumption to take back control of Norman and fight this resolution and any turnpike until all the information is completed!
PLEASE step back and stop being in such big hurry to appease OTA. Are YOU afraid of the OTA?
PLEASE represent the people who have elected you and put the brakes on OTA thru Norman.
Very respectfully,
Concerned Citizen
Amy how do we share this on the norman community facebook page to create even more awareness. Also, i would like to send this in an email to Our Congress and state senators?
Dennis, you can copy the URL of this post and then paste it into the comment box in the Facebook app in any group you'd like. There is a share button too, at the top of the substack, that you can use to copy and paste this post anywhere you'd like. Thank you for sharing and participating as a toll road fighter!