Brown Township Logo
   Brown Township
2491 Walker Rd.
   Hilliard, OH  43026
   (614) 876-2133
614) 876-2421
   Gary Dever, Trustee
   Pamela Sayre, Trustee
   Joe Martin, Trustee
   Greg Ruwe, Fiscal Officer

  (614) 527-6390

 Call 911 for Emergencies
   Held at 7:00 p.m. on the 3rd Monday of
     each month in the upstairs meeting
     room of the Brown Township Firehouse
     at 2491 Walker Road, Hilliard, Ohio

Other meetings, when held, are advertised at least 24 hours in advance with time and location.

 By Franklin County [website]
May 30, 2007
  Welcome Contact Us Search Area Services

Learn about the
Big Darby Accord


In Attendance:
Trustees: Chair Ron Williams, Pam Sayre, Gary Dever
Fiscal Officer: Barb Bloxam
Asst. to Board of Trustees: Tim Richardson

Call meeting to order: Chair Williams called the meeting to order.
Pledge of Allegiance: Chair Williams led the Pledge of Allegiance upon opening the meeting.

Minutes of meeting held 5/14/2007:
Minutes were reviewed. Trustee Dever moved to approve the minutes seconded by Trustee Sayre. Minutes were approved unanimously.

Fiscal Actions:
Payables were presented. Trustee Sayre moved to approve payment of the bills and was seconded by Trustee Dever. Motion to pay bills approved unanimously.

Tim Richardson, assistant to the Trustees, reported on the status of the Big Darby Accord Town Center Master Plan Consultant Selection Process Participation Agreement. Tim presented an amended agreement and requested consideration of the Trustees to approve the amended agreement and to expedite payment for Brown Townships’ portion to the assigned fiscal agent, Prairie Township. The contracted cost to develop and implement a Town Center Master Plan consultant selection process is $25,000.00. The parties agreeing to jointly finance this process and the portion agreed upon is as follows:

bulletBrown Township-up to $4,167.50 (16.67%) Columbus-up to $8,332.50 (33.33%)
bulletFranklin Cnty-up to $8,332.50 (33.33%) Prairie Township-up to $4,167.50 (16.67%)
bulletThe projected time is 21 weeks to complete the process.

Mr. Richardson reported Mr. Joe Martin of Brown Township was elected the first chairman of the Big Darby Accord Advisory Panel. Vice chair will be held by Mr. Keith Goldhardt of Pleasant Township.

Minutes were distributed for the Big Darby Accord Zoning Working Group from a meeting held May 9, 2007. Discussion at this meeting included minimum public notice standards and how to exceed these minimum requirements. Issues to be discussed it to create a notification process and for developers to provide names of ownership.

Minutes were distributed from the BDA Working Group from April 25, 2007 and Tim attended the meeting held the morning of 5/30/2007. Atty. Don Brosius reported the Revenue Sharing Group was starting to get the estimated amount of money to be generated from tax collections from New Town. He discussed suburban municipalities still having concerns about Community Authorities and TIFS. A local law firm will be hired to research and answer concerns for all participating jurisdictions.

Tim also reported Franklin County Development approved 20 acres or less for subdivision review. Upcoming meetings are as follows:

bulletJune 12 – Darby Accord – review case Amity/Scioto-Darby Rd (Amity Estates)
bulletJune 13 - Zoning Working Group July –date to be announced - meeting will be scheduled for the Open Space Committee

Trustee Dever asked how with the Accord groups know if jurisdiction falls within the guidelines set forth by the Accord Plan? Mr. Richardson responded that it will be up to the Accord Panel to review applications and determine compliance.

Trustee Sayre asked what if the applicant is from a non-participating entity? Tim answered he did not know, but committed to enter the question as an agenda item for the upcoming meeting.

Mr. Joe Martin provided a report on the May 29, 2007 Big Darby Accord Advisory Panel. The panel heard from Mr. Andrew Show, Chairperson for the Rocky Fork Accord. Mr. Show gave Panel Members advice such as not discussing Panel business outside of hearings, when to abstain, to have modifications and conditions put in writing before approval and the importance of supporting the staff. Mr. Show also explained how compliance to the plan always increases landowners' equity, even when it creates extra work for the landowner.

Joe also reported on the Panel's discussion concerning an annual review process where past cases are analyzed and compared to final results. This "Post Mortems" style review would give the Panel an opportunity to recommend revisions to the Plan document and clarify interpretations. The Panel also had discussion about the differences between the Columbus 208 plan and the Big Darby Accord plan and how such differences might be addressed during hearings.

Joe explained that the Franklin County Planning Dept. staff presented a detailed review of the Big Darby Accord website ( and plans on disseminating all Panel documents through this public self-service channel. Included was a review of the Ohio Open Meetings laws.

Business conducted included the election of a Chairperson (Mr. Joe Martin) and Vice Chairperson (Mr. Keith Goldhardt), the election of a Member At Large during the June 12, 2007 meeting and the approval of the Panel's By-Laws.

Joe indicated that reports would continue to the Brown Township Board of Trustees during their regular meeting when business is conducted by the Big Darby Accord Advisory Panel. Joe also asked the Trustees for guidance and advice concerning cases in Brown Township as he is serving as a representative of Brown Township at the pleasure of the Trustees.

Mr. Lee Brown, Planning Administrator and Mr. Ben Weiner, Planner, representing the Franklin County Development Department, were present to discuss the draft Stream Set-back Regulations for Franklin County’s portion of the Darby Watershed including Brown Township. Ben explained riparian setbacks are valuable in helping to protect waterways and their ecology and avoid flood damage. The setbacks create no build zones which help reduce flooding (pavement increases run-off), protects biological characteristics and provides benefits including wildlife habitat.

Ben explained the origin of the current setback regulation effort is based on Ohio’s 208 Water Quality Management Plan including the Big Darby Creek Watershed. The State of Ohio sets water quality goals and the Big Darby is a high quality system in Ohio requiring special restrictions relative to water quality issues. Restrictions apply to perennial, ephemeral and intermittent streams. The stream setbacks proposed would incorporate the standards into the local, Franklin County regulations. Handing out copies of draft regulations to all, Ben described three methods (100 yr. Floodplain; 100 ft. from stream centerline; and drainage area calculation) for measuring stream setbacks. He indicated the greater distance of the three options is required when applying a setback to a specific stream.

Ben described a digital mapping system prepared and available from Franklin Soil and Water which is available for determining stream setback in the Darby Watershed of Franklin County. He described permitted passive uses as well as prohibited uses (such as filling) within an identified stream setback area. Existing (non-conforming) uses otherwise prohibited are to be permitted within setback areas.

Ben stated this presentation at the Brown Trustee meeting is part of their public outreach efforts regarding the proposed regulations and please contact him of questions or concerns. The adoption process for the regulations will follow a regular re-zoning process that now includes review and recommendation by the Darby Accord Advisory Panel. A copy of the draft regulations is to be posted on the township bulletin board and they will be posted on the Darby Accord web page, Persons should click on Accord Advisory Panel for case number and stream setback document.

Relative to limiting uses in stream setback areas, discussion ensued regarding problems with four wheelers in floodplain areas of the Big Darby in the vicinity of Darby Estates and on upland ag. areas in general. This activity is very difficult for property owners and law enforcement to control.

Trustees discussed participating in a joint park district option with adjacent townships. Participation would require identifying a Brown Township representative to serve on a joint board.

The Homestead Park experience with majority of users coming from one area (Hilliard residents) was discussed. Trustees advised Brown participation in a joint park district may require a specific tax for Brown’s operations.

They questioned the appropriateness of a new tax for parks in light of the existing high Hilliard School tax for township residents. In addition, per previous trustee discussions, the need for Brown Township eventually needing its own zoning would also require additional tax to support that responsibility.

Trustees explored the need for another township survey at this point to update and determine residents’ views on these and other important matters.

Old Business:
Resident of Morris Road raised on-going concern for continuing noise from a commercial dog kennel. Franklin County Zoning authorities were contacted. Officials advised the Conditional Use previously granted for the kennel goes with the land and does not cease upon new ownership.

Trustee Dever will contact Franklin County Development Department and ask for a review to ensure compliance with all conditions of the original Conditional Use permit by current owners at 8390 Morris Road. If in compliance, trustees expressed concern the issue may become a civil issue as houses of impacted resident was built after the kennel was established.

Morris Road resident discussed horse manure issues on road pavement as well as current stockpile near a stream. High water, out of bank flooding events move the stockpiled manure down stream which is not acceptable. Trustees discussed the regulation of agricultural practices is often difficult. A property owner’s ability to file a written complaint with Franklin Soil and Water Conservation for their review was raised as a potential option.

Trustees need an estimate for a three point hitch for the township service truck. Jay Parker, from whom the truck was purchased, will be contacted for an estimate.

An estimate to provide and install shelving in the workroom at the administration office was discussed. Three, 12 ‘ x 1 “ heavy duty laminate shelving, additional 3’ sections of shelving and the repair of the existing countertop is proposed. No action was taken as Trustees want additional estimates for consideration.

New Business:
Action on updated New Town Center RFP Participation Agreement including paragraph # 15. Trustee Dever made the motion to approve revised Participation Agreement as discussed previously. Trustee Sayre seconded the motion. The motion passed unanimously.

Trustee Sayre made a motion Brown Trustees move into executive session to discuss the hiring and administration of a public employee. Trustee Dever seconded the motion. Chair Williams called the roll. Dever voted yes, Sayre voted yes, Chair Williams voted yes. Brown Trustees went into executive session at 9:40 p.m.

10:37 p.m. Trustee Sayre moved to re-open the Brown Trustee meeting. Trustee Dever seconded the motion. Chair Williams called the roll to re-open the trustee meeting. Trustee Dever voted yes, Trustee Sayre voted yes, Chair Williams voted yes and the meeting was re-convened.

Trustee Sayre moved to adjourn and was seconded by Trustee Dever. The motion passed unanimously. The meeting was adjourned.

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