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The project was permitted using fish barrier removal legislation with full support from <br /> the Washington State Department of Fish and Wildlife. PW staff believes the legislation <br /> provides significant risk reduction associated with the project. Initially the Prosecuting <br /> Attorney's Office expressed disagreement with PW staff over protections in the statue but <br /> appear to now view the protections in a more favorable light. PW has continued to <br /> follow the direction of the Board of County Commissioners in good faith, believing the <br /> private property owners would meet their commitment in bridge acquisition. The <br /> pandemic had adverse impacts on the cost of domestic steel and prices are elevated from <br /> 2021. PW has spent$48,737.61 to date including county labor, design and permitting <br /> costs. We estimate another $10,000 is permitting expense to complete the effort. <br /> PW is requesting reconsideration on completing the permitting effort given the <br /> intransigence of the one property owner. Providing we complete the permitting effort; it <br /> is likely that the project will not see construction. Even if we complete project <br /> permitting, there is no guarantee that the property owners will not sue the county. The <br /> property owners have to overcome the legal protections afforded us in Revised Code of <br /> Washington 77.55.181. They must also show harm that the county created beyond the <br /> damage and property risk that existed before the barrier removal project. Given the snag <br /> of bridge procurement, the likelihood of not being able to use the permits once obtained <br /> for the project, PW is requesting to hold permitting efforts until and unless bridge <br /> procurement is affirmed by both property owners. <br /> FISCAL IMPACTS: <br /> The Road Fund has spent $48,737.61 to date on the project. <br /> ATTACHMENTS: <br /> EXHIBIT 1: ELECTRONIC MAIL FROM ROONEY DATED 4/21/23 <br /> EXHIBIT 2: TITLE INSURANCE LISTING THE SHARED EASEMENT <br /> EXHIBIT 3: RCW 77.55.181 <br /> EXHIBIT 4: COUNTY SPONSORSHIP LETTER <br /> Page 2 of 6 <br /> Public Works"Work Session Staff Report",2024 <br />