ODOT Commission Meeting- August 6, 2018


DAVID BURRAGE: We’ll
call the meeting to order and have a roll call
by the secretary. SECRETARY: Mr. Fidler. JOHN FIDLER: Here. SECRETARY: Mr. Overland. DAN OVERLAND: Here. SECRETARY: Mr. Love. Mr. Burrage. DAVID BURRAGE: Here. SECRETARY: Mr. Huckabay. Mr. Alexander. Mr. Burgess. BRADLEY BURGESS: Here. Mr. Regan. PETER REGAN: Here. DAVID BURRAGE:
The chair declares a quorum present to
conduct business, and we’ll entertain
item number 95 after we introduce our guest,
OHP commissioner, Rusty Rhodes. Thanks for being with us today. If you guys don’t
know the commissioner, he’s sitting up here
by the director. Appreciate you being here today. Item 96 is the approval of the
minutes of the meeting of July the 2nd, 2018. Do we have a motion? PETER REGAN: Motion to approve. JOHN FIDLER: Second. DAVID BURRAGE: Have a
motion and a second? Any discussion? Hearing none, please vote. Motion passes. Thank you. The consent docket today is
made up of items 96 and 97. We’ll remove any of those items,
and discuss them separately if any commissioner wants to. Otherwise, I’ll hear a motion. DAN OVERLAND: Motion to approve. DAVID BURRAGE: I have
a motion to approve. PETER REGAN: Second. DAVID BURRAGE: Have a second. Any discussion? Hearing none. Please vote. Motion passes. Thank you. Item 98 is the
engineering contract that Mr. Tegeler is
going to present. TIM TEGELER: Thank you. Good morning, Mr. Chairman,
members of the commission. Item 98, the engineering
contract is in Cleveland county this month in district three. This is to provide
preliminary engineering and prepare construction
plans for State Highway nine. This is with C.H. Guernsey
and Company for $694,624. Your approval is recommended,
and I can answer any questions if you have any. DAVID BURRAGE: You’ve heard the
presentation by Mr. Tegeler. We have a motion to approve. JOHN FIDLER: Motion to approve. BRADLEY BURGESS: Second. DAVID BURRAGE: Have a second. Any discussion? Hearing none. Please vote. Motion passes. Mr. Tegeler, you may present 99. TIM TEGELER: Thank you. Item 99, I would like
to request at this time to remove part B
from the agenda. All I’ll have this
month is part A, statewide, all districts are on
demand land surveying contract. We’ve previously selected
four consulting firms that do our on demand
land surveying services. At this time, we need to
supplement keystone engineering and land surveying for $250,000. This will bring the aggregate
not to exceed amount for their contract to $500,000. Approval is recommended, and
I’ll answer any questions if you have any at this time. DAVID BURRAGE: The
presentation is for item A, and a removal of item
B. Do we have a motion? JOHN FIDLER: Motion approved. DAVID BURRAGE: Have an approval. PETER REGAN: Second. DAVID BURRAGE: I have
a second of that. Any discussion? Hearing none, please vote. Motion passes. Thank you, Mr. Tegeler. Mr. Leonard will present
the change orders. Item number 100 is the
change orders under $75,000, and unless a commissioner
has a question about those for Mr. Leonard, we’ll move
to the change orders that are greater than $75,000. Are there any questions on the
change orders under $75,000? Mr. Leonard you may
present item 101. JOHN LEONARD: Mr. Chairman,
members of the commission, I’d like to present item
101, parts A through DD. These are the change
orders on projects that have a cumulative total
of change orders in excess of $75,000. Your approval is
recommended, and I’ll be glad to answer any questions. DAVID BURRAGE: You’ve
heard the presentation. Do we have a motion? JOHN FIDLER: Motion approved. DAVID BURRAGE: Have
a motion to approve. PETER REGAN: Second. DAVID BURRAGE: Have a second. Any discussion? Please vote on item 101. Thank you, Mr. Leonard. Item 101 passes. We’ll move to item 102. Mrs. Hilmes will
present the lettings. CHELLEY HILMES: Good
Morning Mr. Chairman, members of the commission. Agenda item 102
has two parts, part A and B are for the final
October and tentative November 2018 bid openings, and
the department requests and recommends
approval of this item. DAVID BURRAGE: You’ve
heard the presentation. What’s your pleasure? JOHN FIDLER: Motion to approve. DAVID BURRAGE: Have
a motion to approve. PETER REGAN: Second. DAVID BURRAGE: Have a second. Any discussion? Hearing none. Please vote. Motion passes. Thank you. Mr. Saliba will present
item 103 and 104. We’ll hear 103 first. DARREN SALIBA: Sorry about that,
Mr. Chairman, commissioners. Agenda item 103 is termination
of a construction contract. The project number is SSR-115b
as in boy, 105 in parens, SR. Projects resurfacing asphalt
on US 75 from State Highway 3 and extend north near
Colgate in Division III. Approval is requested
to terminate this contract in accordance
with subsection 108 11 of the standard specifications. This contract was awarded by
the Transportation Commission in February 2016 to
Glover and Associates for a total of $3,600,28.59. The project has incurred
significant delays resulting from unforeseen site conditions,
and discrepancies in the plans which have made it extremely
difficult to construct the project as designed. This is evidenced by
the fact that there is $292,569.80 worth of
change orders either approved or pending. The extended duration
caused by the delays have also resulted in additional
cost for materials, equipment, and labor, which
have to be absorbed by the contractor and
their subcontractors, or passed onto the department
in the form of change orders or claims. After much discussion with the
contractor, the field division, senior staff, and the
subcommittee on operations and administration,
it was concluded that the best course
of action would be to terminate
this contract, make appropriate revisions
to the plans, and let it at a later date. The contractor and
their subcontractors have agreed to this
termination, and asks that they be
reimbursed for the work that they have performed
with no additional cost to the department. Your approval is
respectfully requested. DAVID BURRAGE: You’ve
heard the presentation. BRADLEY BURGESS: What
kind of time delay are we looking at here? DARREN SALIBA: The
delays incurred in the project or the delay
before we redo the plans? BRADLEY BURGESS: Before
we redo the plans. That will kind of be
up to Division III, and the management
of their budget, but it is an important project. So I’m sure that they’ll
get it redesigned and back on a bid opening
at the appropriate time. DAVID BURRAGE: Do
we have a motion? PETER REGAN: Make a
motion to approve. JOHN FIDLER: Second. DAVID BURRAGE: Have a
motion and a second. Any more discussion? Hearing none. Please vote. The termination
has been approved. Item 104. DARREN SALIBA: Again,
thank you, Mr. Chairman. Item 104 discusses highway
construction contractor pre-qualification, specifically
Oklahoma administrative code rule 730:25-3-1 titled
pre-qualification. What is being proposed
here is an amendment to our current procedures. Pursuant to the Public Bidding
Act, section 61, paragraph 118, the department requires
prospective bidders to pre-qualify as responsible
bidders prior to submitting bids on a public construction
contract in compliance with administrative rule 730:25-3-1. Significant amendments have
been developed to that rule, and are continuing– excuse me,
being developed to that rule, and are set out in
the attached proposed rule that are intended to
simplify the procedure, reduce cost for contractors,
and enhance the integrity of department bid lettings. The department
requests the commission to authorize the proposal
of this amendment to the pre-qualification
rule referenced above pursuant to
Administrative Procedures Act 75 paragraph 303. Commission approval of
this item is recommended, and I’ll try to answer any
questions you may have. DAVID BURRAGE: Thank
you Mr. Saliba. You’ve heard the presentation
for item 104, the change in a prequalification. JOHN FIDLER: Motion approved. DAVID BURRAGE: We have a motion. BRADLEY BURGESS: So this is
the beginning of the process, as I understand it. DARREN SALIBA: Yes sir. Your approval today
allows us to initiate the process, which
is very deliberate, and very time consuming. In fact, our goal is to
have this process certified under the new administrative
coach with a lot of procedures to go through, hopefully,
in June or July. BRADLEY BURGESS: And the
public will get a chance to look at these rules,
and comment on them, and there’s even a public
hearing as I understand it. DARREN SALIBA: That is correct. DAN OVERLAND: Mr.
Saliba, the exact words that are in the document
that was presented today, it doesn’t mean that these
are the final words, then, if all of these things may still
evolve through public meetings, and changes, and discussion
with your senior staff and the industry self. Correct? DARREN SALIBA: That is
correct, Commissioner. DAN OVERLAND: So the process
is all we’re approving today to move forward. DARREN SALIBA: Indeed. DAN OVERLAND: I
second the motion. DAVID BURRAGE: We have
a motion and a second. Any further discussion? Please vote. Item 104 passes. Thank you, Mr. Saliba. Mr. Delce will present
item 105, the awards. ANTHONY DELCE: Good morning,
commissioners, Mr. Chairman. Item 105 are
recommendations for awards. The first part here is regard to
a deferral from the June 14 bid opening. The following item
referred to by Carter was deferred from the
June 14 bid opening. It is now recommended
that the item be awarded to the low bidder. That was caller
of 795, and we’re recommending award with just
the base bid for that project. It is recommended that the
following items from the July 19th bid opening, referred
to by Carter, be awarded. It was Carter 130, 135, 140,
160, 170, 180, 210, 235, 250, 270, 290, 305, 310,
330, 335, and 340. And lastly, it is recommended
that the following item from the July 19th bid
opening, referred to by Carter, be rejected, and
that’s Carter 120. This concludes our
recommendations for awards, and your approval is requested. DAVID BURRAGE: Thank
you, Mr. Delce. You’ve heard his
presentation of the awards. Do we have a motion? DAN OVERLAND: Motion to approve. DAVID BURRAGE: We have
a motion to approve. JOHN FIDLER: Second. DAVID BURRAGE: We have a second. Any further discussion? Hearing none. Please vote. Well, we’ll see if this
thing is going to work, or if somebody hadn’t voted. There we go, we finally got
your approval, Mr. Delce. ANTHONY DELCE: Thank you. DAVID BURRAGE: We just wanted
to see you sweat a little bit. With a unanimous consent
of the commission, I would propose that we
move the executive session until after the
director’s report. Do I have that consent? JOHN FIDLER: Yes. DAVID BURRAGE: Item
106 will be moved to after the director’s report. Item 107 will be heard. Mr. Secretary Director,
and all those other titles you have, and initials. MIKE PATTERSON: Mr. Chairman,
on that last vote you just took, there was a null vote. So could we back it up
and re-vote that, please. DAN OVERLAND: I pushed
the wrong button. MIKE PATTERSON: Yes, sir. You pushed the wrong button. DAN OVERLAND: Actually, I
was pushing the right button. MIKE PATTERSON: It
wouldn’t execute? PETER REGAN: That’s
what everybody says when they push down the button. DAVID BURRAGE: What happened? Because mine came up with five. MIKE PATTERSON: Well,
when it faded to black, it had a 4-1 vote. So I thought, Mr. Chairman,
you might want to re-vote that. DAVID BURRAGE: Well, we’re going
to re-vote item 105, the award. So reset to zero. Now we’ll vote. Who do you show not voting? Brad. OK, we’ll dispense with
the electronic voting. Call the row. SECRETARY: Mr. Fidler. JOHN FIDLER: Aye. SECRETARY: Mr. Oberland. DAN OVERLAND: Aye. SECRETARY: Mr. Burrage. DAVID BURRAGE: Yes. SECRETARY: Mr. Burgess. BRADLEY BURGESS: Aye. SECRETARY: Mr. Regan. PETER REGAN: Yes. DAVID BURRAGE: Motion passes. Here you go, Mr. Delce. Item 107 is Director’s
Report, roll on. MIKE PATTERSON:
Mr. Delce now holds the record for the longest vote
ever taken by a commissioner, and I know he’s proud of that. DAVID BURRAGE: Well, we’ll
figure out what Mr. Burgess– we put him on the spot, though. He had to speak up. MIKE PATTERSON: Mr. Chairman,
members of commission, Thank you. Before I get started,
I need to let you know, I don’t know if
you’re aware of this, but today is Chelley’s birthday. When she and I sat down to
put the calendar together, she said I don’t want
to have the commission meeting on my birthday. And I said, well, we’ve
got to do it anyway. So we’ll just go
ahead, and so I can’t– you never reveal the age of
anyone, particularly women. So I’ll just tell you there’s
a zero and a five involved in that, and you arrange
those numbers however you think is most appropriate. DAVID BURRAGE: I’ve been known
to have music up here before. MIKE PATTERSON: I know you have. I know you have. So happy birthday, Chelley. I’ve got kind of
a long list here. I’m really excited about
some of the stuff on here. This one, I’m not. Today is the last commission
meeting for our Chief Engineer Casey Shell. Casey has been the proverbial
right arm, left arm for me. We have waded through
as my chief engineer, we’ve been to Lexington/Purcell
several times. And as Casey will tell you,
it’s further down there than you think it is. It takes a lot longer
than you think it is. We’ve been all over
the state together. It’s been a huge asset
for me, but Casey’s career didn’t start when he
became the chief engineer. He’s had a lustrous career. We have a 3P program where
we can use federal funds to do some things that
we could’ve used to do, and it’s now done nationally,
and he invented it right here in Oklahoma. Casey started as an EIT from
the University of Arkansas. What was that? They’re everywhere,
Mr. Chairman. DAVID BURRAGE: I know. That was weak. If you’re going to do
it, you’ve got to do it. MIKE PATTERSON:
If you’re coming. But Mr. Chairman,
I know that Casey wanted to say a few
things to the commission, being his last meeting. And if you can come to
his retirement party at the end of the month,
that would be even greater. CASEY SHELL: Mr.
Chairman, commissioners, it was not an easy decision. Boy, was it
difficult. This agency is such a professional
agency, professionally run, and managed, and
that was the only way that I could feel good about
leaving is knowing that there’s staff here that can
easily take my place, and keep the momentum
going for the department. It causes you to look back. You start looking
back at your career, and Mike, thank you
for the kind words. One of the things
that I’m particularly most proud of in my
career is the development of the eight year program,
which you all were a part of. We developed it, implemented
it, and we perpetuate it. Every year we get together,
and I personally look forward– have looked forward the whole
time of the eight year program, meeting with the
division of engineers, and all the thought
that goes into that, and all the work
that goes into that, and getting that in
a manageable state– in order when we come
meet with you all, and throw it out in front of
you, and let you all comment, and look at it, and
see what you think. But I think that is a
milestone in my career that I think will serve
the department forever. It’s something that
is so very important, and the department
really, really changed when that happened, and
it changed for the better. I just want to say thank
you for your support of me, personally, and
of the department. You all are a big part of why
this agency is what it is, and the fact that we
are, I’ll say it again, in my opinion, the best state
agency in the state of Oklahoma because of the
efforts of the folks that work here, my friends, I’m
going to miss them terribly, and you all. Thank you very much. [APPLAUSE] MIKE PATTERSON: Casey talked
about the eight year plan, and he was one of those
division engineers when we started the
eight year plan, and had to sit down, and
take some projects out of his construction
program to fit it into fiscally constrained
eight year plan. Not an easy task. Speaking of the eight
year plan, as Casey said, we’re in the midst of it. I know we have meetings with
each one of the commissioners this month so we can bring
it to the full commission in September. So I appreciate the time that
you’ve carved out for us. In the coming weeks, if
we can sit down with you, and get your individual
final thoughts before we bring it to the full
commission in September. This last Thursday, something
that I’ve been working on for two or three years– Casey’s been working
on it with me– is we held our first autonomous
connected vehicle task force meeting in this room. And what this task
force is going to look like, or
go about is looking at what the future of
transportation looks like, and the future of transportation
is going to involve many things, we believe. Some level of
autonomy of vehicles, trucks that are connected so
that they’re electronically connected as they
drive down the highway. It will be efficient for them. There will be fuel savings. But there’s laws that have
to be changed and adapted rules and regulations, not
only federally, but here in the state of Oklahoma. We are not the first task
force in the country, but we are one of the first. I have purposely
waited this long, listening to counsel from
some of my colleagues from around the country,
obviously, Michigan and California are on the
forefront because of Detroit and Silicon Valley, but we
have positioned ourselves– we’re one of the
first 10 to have a task force to
really begin to look at what needs to be changed. Secretary Rhodes, who’s
sitting at the table, is part of that task force,
along with other state agencies, legislators,
universities, so that we can come
to some resolution of what the future
might look like, and how we had to
adapt and change to the technology
of the vehicles, and what the users of the system
will demand in the future. We know it’s not
tomorrow, but it’s going to be within
30 years, and you know, based on your experience,
that the things we’re designing today are
designed for 30 years. So we have to begin looking
at these types of suggestions and conversations. One of the things that
we’re going to talk about, and it came up the other day
in our task force meeting, was electric vehicles and the
electrification of the system. And what that means to
transportation funding as automobiles appear
to be going more electric, and getting away from
the internal combustion engine. So we’re going to have to
have further discussion with the task force about
that, and what we might suggest to the legislature. But on the road
that you parked on, down at the end of
that road, I suspect by the time you
come here next time, there will be a fully
operational electric vehicle charging station. You can already see
we’ve got the pole there, we’ve got the electric run,
we just need the pedestal. So we’re embracing this
technological change, and what that might mean. I don’t think any of you
have an electric vehicle yet. I’d love to have a Tesla. Anybody have a Tesla? I just want to touch it. So we’re going to put that in. It’s being donated by
a local company here that wanted to put one
in the capital area, and Don Sullivan
asked if I wanted it, and I said yes,
please put it in. So we’re going to
have that for you. A few months ago,
we had a project that you awarded, that
I-35, I-235, and I-40, commonly referred to
as the Dallas Junction. If you recall,
westbound to southbound is one lane, northbound
to eastbound is one lane. Traffic backs up,
congestion, primary accidents with secondary accidents. Really a bad thing. You awarded a contract to allow
us to put an additional lane on both of those
movements, and I think I made the statement
that will be the best money we spent this year. It’s open, and I’m
being told that it’s working just as we had hoped. The traffic is
flowing through there better than it has in probably
since the thing was built. So we’re excited about that. If you have a chance,
go through it. I did the other day. It works great. Congratulations
to the contractor. Fabulous job. Something that I mentioned
in one of our subcommittee meetings, I’m old enough
to have a bucket list. This next item has been on
my bucket list for a decade, and that’s the introduction
of motorist assist vehicles to the Department
of Transportation . When we adjourn
this meeting, you will be able to go outside, and
see our new Go Dot Vehicles. I want you to take
a look at them. I want you to see
what it looks like, what it will mean to
transportation on our heavily traveled thoroughfares. Initially, the Go Dot
Vehicles– there’s two of them– were going to be working
the I-235 project over here at I-44. In conjunction with the
Federal Highway Administration, we were able to purchase these
as part of our project cost, and so we’re going to
be working that project. So if somebody runs out
of gas, which is amazing how you can run out of gas not
five miles before or five miles after, but right there
in the work zone, or if you have a
flat tire, we’re going to get onto
your vehicle, and get you serviced with enough
gas to get you on your way, get you pulled out of the
way so that we don’t have those backups, and all
those accidents behind, and then secondary
accidents behind that. We’re really looking
forward to this opportunity. We’re going to do the same
thing in the Tulsa area. Initially, as I said, it’s going
to start at this construction zone. Once that’s completed,
then the Go Dot Vehicles will be in other work zones,
other parts of the city, and we’ll be able to help
people get out of the way so that they’re not the cause
of backups and collisions. So I get to check a
box today, and I’m really excited about that. So take time out after
the commission meeting, and take a look
at it, and I would advise everybody behind me
to go look at those vehicles. Mr. Chairman, that’s all I have. If there’s any questions or
anything I may have missed. DAVID BURRAGE: You guys have
any questions for the secretary? MIKE PATTERSON: I do have
one other thing if I might because I forgot this. The main reason
commissioner Rhodes is here is because he wanted to
speak on the Go Dot Vehicles, and I apologize for that. Could I ask Rusty to come up? DAVID BURRAGE: That’s
a major mess up. MIKE PATTERSON: Especially
for a guy in law enforcement to get me out of trouble
with my colleague. DAVID BURRAGE: After our
discussion this morning, you don’t know how
important that is? MIKE PATTERSON: I know. So Mr. Chairman, Rusty Rhodes. DAVID BURRAGE: We
welcome the commissioner. [APPLAUSE] RUSTY RHODES: Thank you,
Mr. Chairman, members, and it will be a long drive
home for Secretary Patterson, I can assure you that. If I can have just a
quick moment of privilege, I would like to say
thanks to Casey as well on behalf of the Department
of Public Safety. Working with him and his staff
throughout all these years has been a true pleasure for us. The knowledge and the kindness
he’s brought to the table, and the partnership that
he has helped us maintain throughout all these years has
been a huge positive for us, I know. And secondly, I do
want to point out too, and I didn’t realize that
Casey was kind of at ground level of the eight year
plan, and I tell you, I’m going to those out
there so you guys are going to scoop this a little bit. Actually, I have a press
conference in Tulsa as soon as I leave here, and
as part of that conference, I’m going to announce
we’re adopting that model to get our ranks of
the highway patrol up to speed where
it needs to be, as well as that same model
which will mirror all of that to get our DL staff and
our DL service division up to speed as well. So not only has it done a
great thing for transportation, but it’s done a great thing for
service throughout the state. So thank you for that. And having said
that, the Go Dot, I have to concur with
Secretary Patterson. What a great idea. This is going to save lives,
there’s not a doubt in my mind. I’ve been a trooper
for 27 years. I’ve been on those motor stalled
vehicles in the construction zones. I’ve been of those crashes that
happened because the roadway is shut down. I’ve seen lives changed. I’ve seen lives end because
we couldn’t get someone through them quick enough
to resolve that issue. So thank you for your
foresight on this. It’s a great idea. My troopers are
excited about it. I’ve already been
telling them about it. We can’t wait till
they get out there, and I certainly hope
someday, and hopefully we can even partner on this
to see a fleet of these to get out there, and not
only take care of the people in our state, but to
protect your employees, and my employees as well
to keep everybody safe. So thank you, again,
for your foresight, and I look forward
to this opportunity. Thank you again. DAVID BURRAGE: Thank
you, Commissioner Rhodes. Commissioner,
there’s a statement that accompanies
that eight year plan that you need to adopt
at the same time, and it’s the truth
will set you free. That’s what we connect
to the eight year plan. Go ahead, Mr. Director. MIKE PATTERSON: We have
a short video on Go Dot. Short video. DAVID BURRAGE: I
was wondering if we were going to get to see it. So let’s take a look
at our Go Dot video. [VIDEO PLAYBACK] [MUSIC PLAYING] NARRATOR (VOICEOVER):
When you’re on the go, the last thing you
want to encounter is slowed or stopped traffic,
especially in a work zone. The Oklahoma Department
of Transportation aims to lessen delays and the
potential for secondary crashes through a new Go Dot
work zone program. Two custom designed Ford
trucks are rolling out to the I-235 work zone
between 36th street and the I-44 interchange
in Oklahoma City to help keep traffic moving. The service will operate from
6:00 AM to 6:00 PM on weekdays. The trucks have been outfitted
with the necessary equipment to quickly help a
stranded motorist get moving again, or tow a disabled
vehicle out of the work zone to the nearest safe location. Safety is ODOT’s
highest priority, and implementing the Go
Dot work zone program is one more way to make
Oklahoma’s roads safer, and keep you on the go. MIKE PATTERSON: Commissioners,
I can’t tell you how much we appreciate Alan
contracting for continually working to get these two
trucks outfitted where we could get them on the road. So congratulations to
Alan contracting also, who are going to be
operating these vehicles until this project is completed. Now, I think I’m safe to
say again, any questions? DAVID BURRAGE: He forgot about
half his agenda there, guys. JOHN FIDLER: He was too
excited about this project. DAVID BURRAGE: There you go. Well, we need to move on
to a very important item, and I’ll say something
that Casey in a minute. But we’ve got two
guys leaving us today. We’ve got another
guy leaving us today that we need to
give the floor to, and I’ll make some comments
after he has a chance to talk, and Commissioner Regan,
you have the floor. PETER REGAN: Well,
thank you Mr. Chairman. It is with mixed emotions that
this will be my last meeting. Casey and I decided over a
decade ago that when he goes, I go. Actually, I just found out
he’s leaving this morning. My work load has made it
more difficult to attend these meetings, and I’d have
to miss three of the next five, and that’s just not acceptable. You can’t hit the
pause button here. So it is, again,
with mixed emotions that I’ll be leaving
the commission. I want to thank Governor Fallon
for having her confidence and support in submitting
my name to the Senate. I want to thank Chairman
Stanslowsky for carrying the nomination, and
most importantly, I want to thank everybody
on the ODOT team. You are my family and
my friends for life. I appreciate working
with the city of Tulsa, the counsel of government,
department of public safety. It’s just been a true
honor of my life, and one of the things I– my favorite quote,
because it’s probably the only one I can remember,
it’s a Teddy Roosevelt quote. Do what you can with what
you have, where you are. Do what you can with what
you have, where you are, and that’s what I
think we’ve done here, managing scarce resources
to create and sustain a safe and efficient
transportation system. And props go out
to the ODOT team. I really appreciate it. Randall White, I want to
thank you for all the service you’ve done, and
I’ll miss it greatly. DAVID BURRAGE: Did you
want to say something? Well, for you guys that don’t
know Commissioner Regan, it’s because he’s
very understated. No, his public service
in a lot of instances has been very, very understated,
and you may not hear his name, but chances are he
was behind guiding, helping, doing whatever he could
to see that something happened the right way. And he’s been doing
that for a long time. He’s given his time, not only
to ODOT, to many other causes. He also brings a little
humor to everything he does, and we appreciate that. He’s still a young man, so
he’s got a lot of time left, but one thing about
Commissioner Regan, he has spread himself
so thin, and we’ve been the beneficiaries of that. And for those of you
that do know him, you know how important
he’s been not only here, but in a lot of other
places in this state, and in these communities. So if you’re looking
for a public servant, that’s the only place you
got to look because this is an example of
one sitting down here at the end of the table. [APPLAUSE] Casey, we are going to miss you. You’ve done great things, and
you helped make the eight year plan what it is, along
with your cohorts here, and we are proud of it,
and we are proud of you, and we wish you all the luck. You’re going to a great
place, and we know we’ll see you in the future. MIKE PATTERSON: Mr.
Chairman, Commissioner, we have a kind of a
tradition around here that you don’t know about. People that have been so
impactful as you have, we like to retire their number. The only way we have
to retire a number is to present you
with a route 66 brick. So if you and your fellow
commissioners could come down, I’d like to get a photograph
with you and this brick, and we hope you accept
this, and all the affection that it comes with. [CHUCKLING] [APPLAUSE] DAVID BURRAGE: Item 106
is an executive session to review the
director’s performance, and we’re going to
have that presented by our general counsel. NORMAN HILL: Item 106 is a
proposed executive session to review the director’s
performance and discussion of director Paterson’s salary. Under the provisions of the
Oklahoma Open Meetings Act Title 25 section 307, executive
sessions of public bodies may only be held for the
purposes specifically set forth in that section,
and in strict conformance with the executive
session process. The pertinent part
of 307 provides that an executive
session may be held for the purpose of
discussing the employment of any individual
salaried public officer. The attorney general
and AG opinion 96-40 has determined that
the word employment as used in the portion
of section 307, is inclusive of the
discussion of a salary. In order to go into
executive session, the commission must first vote
to go into executive session. During this executive
session, the only matter which may be discussed
is as set forth on the published agenda,
consideration of the director’s performance and salary. Minutes of the
discussion must be kept. These minutes will
be sealed and kept separately from the minutes of
the regular commission meeting. During an executive session, no
actions or votes can be taken. At the end of the
executive session, the commission must return
to open session, and vote to end the executive session. It is then appropriate to make
a motion concerning the subject matter of the executive session,
proceed to any other business, or make a motion to adjourn. If an executive
session is the will of the commission at this time,
a motion for executive session is in order. DAVID BURRAGE: Do
we have a motion to go into executive session? PETER REGAN: So move. DAVID BURRAGE: Have a motion. BRADLEY BURGESS: Second. DAVID BURRAGE: Have a second. Any discussion? Director Patterson,
after we vote, if it’s affirmative to go
into executive session, at some time, we’ll
want you to report on items directly related
to your evaluation, and we’ll call on
you at that time. Any other discussion? Please vote. We’ll see if this thing works. Look there, it worked. Motion passes. We’ll adjourn to executive
session in the room right behind us. We’d hear a motion to come
out of the executive session? PETER REGAN: So move. BRADLEY BURGESS: Second. DAVID BURRAGE: Have a
motion and a second. And provided this works– everybody keep pushing
until it gets there. Try commissioner Burgess again. There we go. Motion passes. We come out of
executive session, and we are at item 106. The chair would make a
motion that we raise director Patterson’s pay to $185,000 in
recognition of several things. As I make the motion, I
would remind everybody that Secretary Patterson,
Director Patterson, has been a vital part
of the Department for not just a few
years, but many years. Many things that’s
happened at the Department of Transportation
take a long time from the idea to the
completion of the project, and it’s not just
building roads, it’s building professionals,
it’s building the organization, it’s making the
organization an example in the country of what a
department of transportation should look like, and an example
to other state agencies of how to glue together a group
of people with a mission, and accomplish it. Some of the things
that have happened since Secretary Director
Patterson took over is a smooth transition in
the Oklahoma Department of Transportation that has
been guided in the past by two icons, Neil
McCaleb and Gary Ridley. I feel sorry for executives
that come in behind someone that has had a large
measure of success, and some predicted that
Mr. Patterson would have a difficult time
following the Acts of Secretary McCaleb and Secretary Ridley. We’ve not seen that. We would congratulate
him on being one of the architects
of the eight year plan, and the truth will set you free. We will congratulate
him on the effort that the governor
gave us with improving our situation on bridges. Where we were to
where we are now is something that’s
quite remarkable. We all have our
challenges, and one of the challenges that
he’s had was dealing with the failure of the
bridge in Lexington, and how the department
worked with the public, and how we’ve now not only
solved that bridges problems, but have a new
bridge on the way. One of the big
challenges of our time is the brain drain, the
staff drain that we’re seeing at this department. When you have a booming
economy, and when you’re a Department
of Transportation, and you have a lot of
construction going on, then the logical place to pick
your professionals if you’re in the private sector
is that the Department of Transportation in your state. And we’ve seen more
than our share of that. We have Casey leaving
today, and we’ve seen several key people
leave the department, yet the transition
has been seamless. I don’t think you
could find a better hand on our cooperation
with the governor’s office, with the legislative staffs,
and with the legislators themselves, and what we’ve seen
out of the Secretary Director Patterson. I have been well pleased,
and the Commission has, with how he’s worked with us. How we’ve kept the high
standards of auditing, not only internally,
but externally. Our efforts in that area
are another example. I think how we work with the
Federal Highway Administration, and this the cooperative spirit
and culture that he’s led is admirable. There are also things that
we can improve on like we all know, and we’ll be talking
with the Secretary Director and giving him our
ideas of areas we’d like to see some improvement on. I can tell you that
the raise that I am making a motion on
today is far inadequate of what he could receive
in the private sector, and what I personally
would recommend if I was in the private sector
for his accomplishments, and the responsibility that he
is undertaking for the state, and for this department. What I’ve proposed is still
underpayment for the job, and I hope that our
gesture gives him some confidence in
what kind of job we think he’s doing,
however inadequate the pay that we’re proposing. Most of the guys
that are leaving leave easily from the
Department of Transportation from a financial standpoint. The decision has not
been hard for them. And with that in mind,
I make the motion. BRADLEY BURGESS: Second. DAVID BURRAGE: Have a second. Any discussion? Hearing none. Please vote. They worked perfect that
time, Mr. Secretary Director. The motion passes,
and we appreciate you taking over the mantle of the
Department of Transportation, and hope that you will
stay with us until you can’t get in the door. If there’s no other items be
brought before the commission, I’d hear a motion to adjourn. PETER REGAN: So moved. JOHN FIDLER: Second. DAVID BURRAGE: I have
a motion and a second. Any discussion? Hearing none. Please vote. Motion passes. [GAVEL KNOCKS] We’re adjourned.

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