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Local News

Barry County Commissioners hear calls to rescind TOST

A listening session, part of a review of a 10-year-old Barry Eaton District Health Department regulation was held Tuesday, with Barry County Commissioner’s hearing mostly unfavorable remarks about the time of sale or transfer or TOST. The second part of the review is a survey at www.barrycounty.org, open until Sept.30.

 

About 65 people attended the board meeting, with 25 signing up to speak for three minutes each in the 90 minute session. Of those who gave their opinions, four or five supported the regulation or wanted to keep it with improvements, the rest had complaints and told the commissioners to rescind the time of sale or transfer (TOST) regulation.

 

TOST calls for on-site water and sewer system inspection by health department evaluators in both counties at the time of the sale or transfer of property and repair or replacements ordered if a system is deemed failing.

 

The Eaton County Board of Commissioners is also concerned with the regulation; they will vote Sept. 20 on rescinding TOST to save money at the request of its Health and Human Services Committee.

The rule has been criticized at Barry County commission meetings by members of the public since it’s inception, with resolutions calling for rescinding it from the Barry County Farm Bureau, the Republican Party and a veteran’s group.

 

The main criticisms are that TOST takes away property owners rights, punishes rural residents, its costs are a financial burden, it gives unlawful authority to the health department, enforcement is uneven and arbitrary, the appeal process does not work, and health department administrators are arrogant and lack professionalism and common sense.

 

Many said TOST violates and erodes citizens rights, violates the constitution, and is unlawful search and seizure. Several said they didn’t think they should have to get government approval sell their property, summed up by one who said: “We don’t need your help.” //

 

Mark Hewitt, associate broker and co-owner of Miller Real Estate, said he helped shape TOST when it was written, asked to give the views of those in real estate. The original intent to protect the environment and water supply was fine, Hewitt said, but now, “TOST sucks and you can put that in the paper.”

 

The regulation  has also been losing support from commissioners. When Commissioner Joyce Snow resigned in 2015, she suggested a review of the rule, saying she had seen no data that TOST had achieved its goal of improving the county’s water supply.

Last Year, then Commissioner Jim Dull tried and failed to get the commission to find a way to rescind TOST and withdraw from the joint health department.

 

Last month, Commissioner Jon Smelker said he favored separating the joint health department.

Last year, when running for a seventh term on the commission, Howard Gibson said he would work on improving TOST. The last commissioner left who voted for TOST eight (now 10) years ago, he said, “I don’t feel right leaving when people are not satisfied with something I had something to do with.”

 

Nancy Ohle, consultant and organizational development leader, facilitated the meeting. She encouraged the audience and speakers who felt they had more to say to fill out comment cards with their opinions for commissioners to review. She thanked the audience for its civil approach and being respectful of others time.

 

 

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