WISCONSIN LEGISLATURE PO. BOX 8952 - MADISON. WI 53708 September 2, 2015 The Honorable Judge Adelrnan Milwaukee Division 362 United States Courthouse 517 East Wisconsin Avenue Milwaukee, W153202 Dear Judge Adelman: We are writing to inform you of our deep disappointment in your recent ruling to vacate the court?s March 17, 2014 record of decision that had allowed the expansion of State Highway 23 from Plymouth to Fond du Lac. It is imperative this project be allowed to begin as soon as possible. The injury and accident rate on this highway has been a problem for a number of years and continues to accumulate each month the delay is extended. Just since the date of your May 22 decision which effectively put the project on hold, there has been a string of crashes that is sure to continue as winter nears. Here is a list of the serious incidents so far in 2015 0 Jan. 21 Three vehicle accident causing the deaths of two individuals. 0 April 23 Two vehicle crash with one serious injury. 0 July 15 Three vehicle accident with five injuries including one serious enough to require helicopter transport I July 24 Four Vehicle accident with nine injuries 0 August 30 Two vehicle crash with one life threatening injury requiring helicopter transport The following groups have publicly advocated for the Highway 23 project to be reinstated and that construction begin as soon as possible: 0 Sheboygan County Transportation Department 0 Fond du Lac County Board 0 Sheboygan County Economic Development Corporation - Fond du Lac County Economic Development Corporation 0 Sargento Foods, Inc._ If either you or we could ask the many frequent users of this stretch of state highway for their thoughts regarding its safety, we are certain of the responses we would receive. We have spoken to numerous consistent users of Highway 23, and without fail they feel the project needs to be reinstated. Furthermore, such a conversation would also yield numerous harrowing stories of ?close calls? that almost every one of them has experienced on this road. The 1000 Friends of WI lawsuit which has ultimately led to your decision to place a hold on this project has little to no support in the Fond du Lac and Sheboygan communities. These are almost exclusively people from outside the area who do net consistently use Highway 23 or know anyone who does. The ?Friends? objections have been named in an argument of saving tax dollars but the delays have really cost lives. Most of the accidents that occur on this highway would likely have been averted had the proposed alterations been in place. The agenda of the ?Triends?f? is to ?ght road enhancements and new construction wherever possible to suit the environmental beliefs of their members?ea very small subset of the public. While we respect their beliefs, it is clear that these beliefs are antiwbusiness and the result has been and will continue to be?danger to public safety. We are disappointed that their extreme agenda has caused this delay, but we are even more disappointed that you have given them a platform for legitimizing their extremism. We have included with this letter some crash statistics for the proposed project. In the last 16 years (ending in 2014) there have been 44 non?deer related crashes each year. That amounts to a crash every 8 days just on this stretch of highway. The crash rate also exceeds the statewide average for similar roadways, further justifying the urgency of beginning this project. Thank you for your consideration. Sincerely, MQW Rep. Jeremy Thiesfeldt Se . den 52?? Assembly District 18th Senate District Rep. Tyler Vorpagel e11. Din IeMahieu 27th Assembly District 17?11 Senate District Rep. Terry Katsma Rep. Jesse Kramer 26th Assembly District 59?h Assembly DistriCt Sen. Dug?ebel 20?11 Senate District Enclosure: Wisconsin Department of Transportation Crash/Fatality Rates on HWY 23 (NE Region) Sheboygan County Transportation Department Fond du Lac County Resolution Sheboygan County Economic Development Corporation Fond du Lac County Economic DeveIOpment Corporation Sargento Foods, Inc. Year Crash Rate PD A Fatal Total Crashes 83?52006 65.3 20' - 3 9 ?Jr68.5 32 4 4 2 42 2010 652012 3'Total 71.2 412 107 113 54 8 599 Project ID: I and Small Urban Highway: W35 23 2 and Semi! Urban Termini: US 151 - CTH 3 STN between 3500 and 3790 Description: ?5 SIN ADI betwe en 2000 and 3500 County: Fond du Lac: Shebovgan 5 SIN between 1?50 and 2000 Crash Data Ye ars: 19994014 6 SIN less than $0 ADI Deer Crashes Not Included Urban 3 Urban and. ?ne Wav 9 Urban Undivi?ed Number of Years 15 Small mam-1m 2x111. m: SIN er than 8WD ADI Total Numb er of crashes; ?599 - aflesa than 5001] SIN Total Number of FAT Crashes: 8 132% Total Number 0! 1'ng A Crashes: 17% Total Number of Type Crashls: 8 16.9%; Total Number a! Type I: Crashes: 15.35;: Total Number of an Crashes: saga-l Total Number of PD Crashes: 412 53.93}; Average Daily Traffic 3500 Segment Length [Hiles]: 19.7? Average Yearlyr Total Crash RateAverage Yearly Fatal Crash Rate: 0.8 Total Total Crashes per 100 million vehicle miles Fatal Fatal Crashes per 100 million vehicle miles Average Yearly Injury Crash Rate: 28 Iniury Injury Crashes per 100 million vehicle miles A Type A Insuries per 100 million vehicle miles Average Yearly!r Type A Crash Rate: 5.5 T3119 Iu?uries per 100 million vehicle miles [totalTppaAuashesM)?100000000 Type Inimies per 100 million vehicle miles Average Yearly Type 13 Crash Rate: 13.0 [total Type crashesan 100000000 lladt a?305 ?Tenth Average Yearly Type Crash Rale: 10.9 {total Type crashes?n] 100000000 lta0t*355 ?length Average Yearly Type PD Crash Rate: 42.0 (total PD crashesh] 10000000 Hark ?38?5 ?la-ngth) SHEBOYGAN COUNTY Greg Schnell, Tramportation Director S?heboygon Coma? Yi?anaporz?mion Departmen! lzfighmy Division July 13. 2015 Wisconsin Department of Transportation Mark Secretary 4802 Sheboygan Ave 1208 Madison Wt 53705 RE: Letter of Support - State Highway 23 from Plymouth to Fond do Lao Dear Secretary Gottlieb: The Sheboygan County Transportation Committee, at their meeting of Monday. July 6, 2015, made a motion to send a letter of support for the continued effort to construct a four?tame facility on State Highway 23 from Plymouth to Fond du Lao This committee supports the need to provide additional capacity and to improve operational efficiency and safety for the motoring public on existing State Highway 23 from Plymouth to Fond du Lac. This corridor is extremely impottant to Sheboygao'e, Plymouth?s and Fond do Leo?s economic development, as well as ensuring efficient transportation of goods and services. There are a significant number of commuters, as well as travelers, throughout the state that utilize State Highway 23 on a day/?today- basie, sharing the twowiaoe highway with agricultural vehicles and over the toad trucks. Unfortunately, a significant number of accidents continue to occur on the current two-lane facility, including multiple fatalities in the past year. A fourwlaoe facility would lessen the number of accidents and improve safety. This committee strongly supports fully funding and expediting construction of the Wieconein Department of Transportation?s current proposed four?lane facility on State Highway 23 from Plymouth to Fond do Lac. Richard (3. Bernie; Chairperson a ihmrperson . - qr" Charles Conrardy. Secretary do Van Dixhorri. Member die; . . air-L /James P. Glover?s. Member Shoboygan County Tranaporiation Department Telephone (920) 459?3822 Highway Division {920) 459-3831 - 1:211 hiorthfi?r?I Street wva.Siieboygantfoonty.com Sheboygan, 1 53981 ?m USA CQUNW CLERK Ciinyouniy Government Center 9293,3808 (928) 9293293 360 South Macy Street, BOX 1557 Fond du Lac, WI 54936455?" STATE OF WISCONSIN (SS FOND DU LAC COUNTY) I, Lisa Freiberg,county clerk of the county of Fond du Lac, state of Wisconsin, do hereby certify the attached to be a true and exact copy ol?Resolution No. 36?15, RESOLUTION SUPPORTING THE WISCONSIN DEPARTMENT OF CONTINUED EFFORT TO CONSTRUCT A FACILITY ON STATE HIGHWAY 23 FROM PLYMOUTH TO FOND DU LAC, adopted by the Fond du Lac County Board of Supervisors on July 21, 2015, by a vote of ayes, 22; nays, excused, 2; absent, 1, and approved by County Executive Allen J. Buechel and Corporation Counsel Meggin R. McNamara. ?Mt, .Ul?/t?gio COUNTY CLERK Subscribed and sworn to before me this 22nd day of July, 2015. ?lab? Fond (llu Lac County Deputy Clerk Term expires January 2, 2017 RESOLUTION NO. 35?] 5 RESOLUTION SUPPORTING THE WISCONSIN DEPARTMENT OF CONTINUED EFFORT TO CONSTRUCT A FOUR-LANE FACILITY ON STATE HIGHWAY 23 FROM PLYMOUTH TO FOND DU LAC Wisconsin determined there is'a'ri?d?to?mvide?for? additional capacity and to improve operational efficiency and safety for local and through traf?c on the existing State Highway 23 from Plymouth to Fond du Lac, and Fond du Lac as Supporting the cassassins}?tiniataannge at County Trunk HighWay and State Highway 23, with the adoption of Resolution No. 135?09 on March 16, 2010, and Resolution No. 42?13 on September 17, 2013, and WHEREAS, State Highway 23 from Sheboygan past Plymouth is currently a four?lane highway, and the plan to continue construction-of that four?lane facility to Fond du Lac was enumerated in the 1999 state budget, and WHEREAS, the Wisconsin Department of Transportation awarded the contract to begin construction of the State Highway 23 Plymouth to Fond du Lac project in June'2015, and WHEREAS, after the contract was awarded to start construction, a decision was rendered on May 22, 2015, in the Eastern District of Wisconsin Case 1000 Friends of Wisconsin, Inc. v. United States Department of Transportation, et at, wherein the court concluded that the decision to expand State Highway 23 to four lanes was based on violations of the National Environmental Policy Act that affected informed decision-making and public participation, and the court halted the project by vacating its March 17, 2014, record of decision that approved the expansion of State Highway 23 to four lanes, and WHEREAS, the State Highway 23 corridor from Plymouth to Fond du Lac is extremely important to Sheboygan?s, Plymouth?s and Fond du Lac?s economic development, as well as for ensuring ef?cient transportation of goods and services, and WHEREAS, there is a signi?cant number of commuters, as well as traVelers, throughout the state that utilize State Highway 23 on a day-to-day basis, sharing the two-lane highway with agricultural vehicles and over the road trucks, and WHEREAS, signi?cant accidents continue to occur on the current two?lane facility, including multiple fatalities in the past year, and WHEREAS, the Fond du Lac County Traf?c Safety Commission met on June 10, 2015, and recommended sending a letter to local legislators and the Wisconsin Department of Transportation strongly advocating that they fully fund and expedite construction of a four?lane facility on State Highway 23 from Plymouth to Fond da Lac as planned. NOW, THEREFORE, BE IT RESOLVED that the Fond du Lac County Board of Supervisors continues to support the Wisconsin Department of Transportation?s proposed construction of a four?lane facility and opposes anything less than a four?lane facility from Plymouth to Fond du Lac to signi?cantly improve safety, advance economic growth and support efficient travel throughout the state and requests that the Wisconsin Department of Transportation continues full effort with getting this project back on line for immediate construction. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the appropriate Wisconsin Department of Transportation of?cials. I Dated July 23., 2015 SUBMITTED BY: SUBMITTED BY: HIGHWAY, AIRPORT AND PUBLIC SAFETY COMMITTEE FACILITIES COMMITTEE a {fa/W 3,me Dean P: Will ?irt G) Zor% I Wadigan Richard R. Wetzel . Ga .- um. Dennis N. Stenz 11131115?; R. Schumacher FISCAL NOTE: This resolution does not require an appropriation from the county general fund. Funding for the design and construction of the four-lane improvement on State Highway 23 from Plymouth to Fond du Lac will come from appropriations from the state?s major highway program. APPROVED BY: COUNTYEXECUTIVE CORPORATION COUNSEL 9I112015 releases- and-comm nsfhighway?ZB! Wisconsin 23 Road improvement Advocacy Sheboygan County Economic Development Corporation WESCONSEN 23 ROAD EMPROVEMENT AVOCACY Posted by SCEDC on 20 May 2015 0 Comments Share this on: May 19, 2015 Senator Alberta Darling, co-chair Senator Devin LeMahieu Representative Terry Katsma Representative Tyler Vorpagel Representative Jesse Krem Secretary Mark Gottlieber Representative John Nygren, co-chair Senator Duey Stroebel Room 18 South State Capitol Madison, WI 53708 Attention Elected Of?cials: Recognizing that the legislature is currently facing budgetary challenges that require prioritization of expenses, encourage that you consider making continued progress on the \Msconsin Highway 23 safety project between Plymouth and Fond du Lac one of the highest of road improvement priorities. The need for completion of the project, which was enumerated as a major project in the State of Vt?sconsin 1999 Biennial Budget, has become dire. This highway is a major connector to Interstate 41 for citizens and companies based in Sheboygan, Sheboygan Falls, Plymouth, Kohler, Port Washington, and Manitowoc to name a few. Sheboygan County has America?s third highest concentration of GDP in manufacturing, and that means even more heavy trucks rolling raw materials in and ?nished products out. Both Sheboygan County and Fond du lac County are surging economically, consistently overachieving state employment metrics. Today, over 10,000 people traveled into Sheboygan County for work, many on STH 23. Additionally, our many growing Sheboygan County businesses have expanded operations, which increased freight demand on the two-lane portion of the highway, presently making an unsafe road even less safe. Usage will continue to increase, as Sheboygan County employers currently have another 1,900 jobs still to be ?lled. Projects upon which local employers currently have in their development pipeline will add even more stress to this roadway. The economic cluster that is driving many of these newjobs (and increased demand for freight) is due in large part to the firmly embedded economic clusters. 1i2 grit/2015 Wisconsin 23 Road improvement Advocacy Sheboygan County Economic Development Corporation I would very much appreciate the opportunity to speak briefly in person or by phone with you about the need for the project to be among the highest of road improvement priorities. I can be reached at (920) 946-9378. Thank you for~ your consideration to this important matter. Sincerely, Dane Checolinski Director nsihighway?23lr September I, 2015 Representative Jeromy Thicsfoidr Wisconsin District 52 Room 35 West Wisconsin State Capitol PD. Box 8953 Madison, WI 53708 Dear Representative Wisconsin Highway 23 from Fond du his to Shoboygao is rapidly becoming an economic corridor between two leading manufacturing and economic centers and a vital connection between Ml and L43. The current twodaoc section that was slated for upgrade to a 443m: highway is hearing more and more traf?c, including heavy trucks. The opponent's say that the two~lane section shouldn?t be upgraded to 21 44am highway because it is ?rural?. There may be rural land surrounding the highway but that has no bearing on the amount of traf?c on the road Additionally, they argue that the human toll hasn?t bees taken into account. What about the human toll of deaths and injuries that are occurring at an increasing rate becaaso the highway is under capacity and frankly dangerous? What would thoy say to families that lost loved ones on the highway? The highway is nol going back in time to the past when it had much. less traffic. it is only going to get worse; It is time to get this project done! No more delays and unfounded legal maneuvering by opponents to stop it! These improvements have languished far too long. On a personal note, I live at the intersection of County Road and 23. I?m a daily witness to ?le traffic and dangors of the road. With the heavy traf?c associated with St, Mary Springs Aoademy(whicl1 will dramatically increase when the elementary and middle schools are completed) and the increasing traffic on the highway, it is only a matter of time before there is another serious accident at that intersection taking lives again. It. is timo for rational minds to prevail. Konkins, coco President m, JARGENTO, Louie Gamma: (Thief? firemen April 30, 2015 Representative Tyler Vorpagcl Room 18 West. State Capitol Madison, Wisconsin 53708~8952 Sent via email: Rep.Vorpagel@legis.wi.gov Dear Representative Vorpegel: I am writing because i am very concerned about discussions that may result in yet another delay in completing the Highway 23 expansion project from two lanes to four lanes from Plymouth to Fond do Lac 1 am a third generation owner and the CEO of Foods in Plymouth. In addition to our fleet oi?43 trucks that deliver product every week, we have nearly 1,800 employees who drive to work, shop, worship, and recreate that use Highway 23, It is the major east-west highway for Sheboygan County, and therefore has heavy traffic, I am not alone in believing that widening of Highway :23 is a vital safety measure for these families, According to the Wisconsin Department of 'l'raosportation: ?While the overall corridor [Highway 23] crash rate is at. or below the statewide average for a 2~lane rural highway, there are sections at both ends and the center of the corridor that have higher eras l1 frequencies and the crashes tend to be more severe.? A total of H2 non-deer crashes occurred between 2006 to 20 0. The corridor had a iive~year average crash rate of60 crashes per 100 million vehicle miles traveled. Of the 172 nonedeet? crashes, 78, or 45 percent, were associated with intersections, intersections introduce turning movements where vehicles must cross through Highway ?23 traf?c, Highway 23 is approaching the levels (8,700 to i2,000 vehicles per day) where highway capacity expansion improvements are investigated. The average daily {rock traf?c comprises about 1 i percent of the total traffic volume. Current volume is particularly detrimental to roadway operational characteristics because passing requires use ofthe opposing traffic lane. The high number creates ?platoons? of traffic where vehicles are not able to travel the free-flow speed and have dif?culty passing. The truck traffic limits the overall capacity of the existing road with the inability to pass, creating conflicts; with Slower local traf?c, recreational vehicles, vehicles towing trailers, and farm machinery. During peak periods, the average travel speed ranges from 45 to 47 miles per hour (mph) on this roadway, which has a posted speed of 55 mph. This mixture of traffic impedes traffic flow creating imaai?e situations and lowers the ef?ciency of the roadway, . . Pei-snicker People. Excepfional heese, ., ., a, iron-p; t? fart-cit {125; (Joe Palmetto; pillfk? 3? Representative Tyler V'orpagel April 30, 2015 Page 2 As a two-lane highway, 23 increases travel time - effectively reducing access to regional businessee and potentially hindering economic growth. Local communities will struggle to grow and face increased transportation costs and consumer goods prices. EXpansion translates to quicker, more relaxed travel and will increase tourism and access to regional recreational areae. As you may know, the project was originally scheduled for construction in 2813~2015. Here it is 2015 and it hasn?t even been. started. The Draft Environmental impact Statement for this project was Signed in November of?2004. A Supplemental Draft Environmental Statement and Final Environmental lmpaet Study have been released, public hearings have been ltelc?, design has been completed and right~of~ways have been acquired. As you continue to discuss the proposed budget, please do what you can to keep the l-iighway 23 project moving fomard. Thank you, Louie Gemine c: Governor Scott Walker Senator Devin LeMahieu Louis Gentine