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Local News

Barry County Commissioners: Make TOST voluntary

A consensus is a generally accepted opinion or decision among a group of people.

The consensus of the seven Barry County Commissioners Tuesday was that the Barry Eaton District Health Department regulation time of sale or transfer (TOST) be a voluntary program instead of mandatory.

 

The  controversial regulation calls for inspection of all on-site water and sewer systems and if deemed failing, repair or replacement before the property can be sold or transferred.

Commissioner Dan Parker said making it voluntary, those who wanted to use the program still could, if buyer and seller agreed to it.

 

The commission had volumes of material to help them make a decision: a public listening session, an on-line poll, a telephone survey, a BEDHD 10th anniversary report on TOST and a long history of input from citizens.

 

The health department is run by the Board of Health with three commissioner from each county: Commissioners, board chair Ben Geiger, David Jackson and Dan Parker from Barry County. Eaton County Commissioners Jane Whitacre, Vice Chair Blake Mulder and Joe Brehler represent their county.

 

The commission agreed to a motion to make TOST voluntary, revise the appeals process and develop timelines for action on requests. Geiger, Parker and Jackson will take the proposal to a Board of Health meeting in the Charlotte office Thursday, and report the Eaton County officials response at the next committee of the whole meeting.

 

Commissioners decisions reflected what constituents have been complaining about; it is too costly, rule enforcement is inflexible and unpredictable, owner’s property rights are being violated, complainers must pay $350 to file an appeal to the same people who enforce the regulation and the health department staff is hard to deal with.

 

Jackson said there were no baseline figures ten years ago, and there is still no baseline or way to determine measurable results despite being in effect for 10 years. Pointing to other problems with the regulation and considerable negative feedback, he said: “We can’t continue on this course.”

 

Several other parts of the regulation will be reviewed by commissioners to make it easier to navigate for those who choose to use it, but commissioners called the consensus a good first step.

Depending on action by the Health Board, many questions will likely be raised about the future of the combined health department.                                               

 

 

 

 

 

 

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