Commission gives preliminary approval to waiver-of-liability approach for haying at transfer-station property

Osage County commissioners indicated consensus to allow staff to draft a waiver-of-liability and stewardship agreement permitting private parties to hay or mow a county-owned parcel near the transfer station, county staff said at the April 29 meeting.

County staff described the proposal as an exchange of services: private parties would maintain the overgrown parcel (reducing fire and trash risks) and in return could keep hay bales produced on the county land. Staff noted hazards on the parcel, including hidden debris and concrete, and stressed that the county would require language to address those liabilities in any agreement.

Commissioners discussed whether the county should solicit multiple applicants or make a first-come, first-served offer. Staff suggested the county could advertise the opportunity if there were expected competing interests; otherwise, it could award based on application and require a short contract. Staff also emphasized that the county retains ownership of the hay and the land and could choose to sell hay directly if it chose to do so in the future.

By consensus, commissioners asked staff to prepare a draft agreement (including a liability waiver and terms for maintaining the property and handling of bales) and to return the draft to the commission for formal approval. Staff said the draft would clarify that the contractor/farmer would assume liability for livestock or other losses arising from debris in the hay and that the county would retain discretion over requests.