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Commission reviews lease renewals for hazard‑mitigation buyout parcels and liability protections
Summary
Board considered a request by Amanda Fussell to renew leases on flood-buyout parcels adjacent to her properties under the county’s hazard mitigation lease program; discussion centered on automatic renewals, deed restrictions, and whether lessees should carry liability insurance despite existing hold-harmless provisions.
The board reviewed a request to transfer and renew several hazard‑mitigation lease agreements that allow adjacent property owners to maintain county-owned buyout parcels.
Planning staff described the program’s background: when the county acquires flood-prone properties under hazard‑mitigation buyouts, adjacent owners may be allowed to lease green-space parcels to relieve the county of maintenance costs. Amanda Fussell asked to continue leases that her father originally held since 2003. The proposed arrangement follows an existing form of lease (one-year term with automatic annual renewal unless either party gives 30 days’ notice).
Several commissioners raised liability concerns. One commissioner asked whether lessees are required to carry liability insurance and whether a hold‑harmless clause in the lease sufficiently protects the county. County counsel confirmed that leases include a hold‑harmless provision and deed restrictions that bar development; counsel agreed to review whether a minimum liability insurance requirement should be added to future or existing leases. Planning staff said there are about 15–20 similar lease arrangements countywide and that staff will provide a comprehensive listing and recommended policy language for the board to consider.
The board agreed to allow the specific Fussell lease transfer to proceed while directing the county attorney to return with recommendations on liability insurance thresholds and any systemwide lease changes for future consideration.
