15 SEPTEMBER 2026 DEARBORN COUNTY COMMISSIONERS MEETING NOTES
These notes were taken from the video as I was unable to attend the meeting.
Livestreams can be found @
https://www.youtube.com/@DearbornCountyGov-47025/streams
Present: Jim Thatcher, President, Duane Bischoff.
ABSENT:Kevin Turner
Also present: Connie Fromhold, Auditor, Andy Baudendistel, Attorney, and Sue Hayden, Administrator
TITLE VI STATEMENT FOR COMPLIANCE was read by Baudendistel as legally required.
OLD BUSINESS
Dog Ridge Road Maintenance Access Use Agreement- Baudendistel-
DogRidge Road - Grackle,LLC had submitted an unapproved Maintenance Access Agreement. Attorneys Jared Ewbank and Sylvia Miller working with Grant Reeves representing Halls, Hylands and Denzels were present. Miller/Reeves have filed Judicial review appeals that has been transferred to Franklin County with Judge Clay Kellerman. Grant Reeves submitted an objection to this agreement which Baudendistel forwarded to Ewbank and to the Commissioners. He also provided Miller and Reeves with the Use agreement. It is a request and Ewbank can answer any questions.
Duane Bischoff- wanted to know what restrictions were put on this easement ?
Ewbank- It’s to have access. You can’t develop or build on it. It’s a 10 ft driveway. This is a beefed up version of the Denzler agreement from 1998. Todd Listerman was able to look over the agreement and has given his recommendation to it. I don’t know if that was presented to you before this. He noted it was basically the same agreement that Denzler’s got. I almost wrote the whole thing in the ordinance I asked you to pass in the apparent ROW. The Seavers are willing to restrict their land in the same way . They have used it for wooded area and no plans to develop. Seavers would be willing put that restriction on their property app.
Sylvia Miller- partner in a Greenfield, IN law firm. We have filed an appeal. Grant has handled the meetings and I do the Court filings and legal arguments.yesterday I found our at noon that I need to come to this. My clients found out that an agreement was sent to you over the weekend. I can tell you that Grant and I have not had a chance to read and dissect the who agreement yet. I can also tell you there is an additional lawsuit pending - a decision for that ordinance is under review by the court. You have chance to intervene to the court and state why this agreement should be signed NOW. But if you choose to sign it today, we will file an injunction tomorrow. The agreement won’t be able to be put into effect until the judicial review is resolved. There are procedural ways to do these things and right now it appears that things are trying to be done behind closed doors, instead of bringing this is front of the people who are being harmed. This is a taking of property- a taking f property without compensation to my clients. That’s what it boils don to. I addition to errors we are trying appeal. We are not saying it shouldn’t be signed, or things shouldn’t be settled. We want at least 30 days to review the agreement. My partner, Grant Reeves has sent you material on things not addressed in this agreement. This is from a 1998 document and needs review. What is important is that this is under judicial review so signing a document because if that ordinance is counterproductive and will only lead to additional litigation, expense to county, and delay in something that could be done to get this settled. That is our hope- Going to court is expensive. Less that 24 hours to review a document that is clearly not sufficient- I am asking you to TABLE this for 30 days at least.
Ewbank- I am going to keep my temmper- but to say that this was given this weekend was a false statement to the commissioners and I can’t understand where it came from. I delivered the on August 28th.This is not a deal with the Denzlers, Halls or any other party.. This is a deal with the county. This has been discussed and to take about further negotiation. We did a full mediation on this. Instead of coming to terms the parties got mired in the best footprint and made into an almost highway quality road. They’ve all had time to look at this. Cannot let the false statement that this was just delivered to Commissioners- that is not true- it was August 28th. And your Highway Engineer has agreed that this is a good agreement. Please sign it. If it is appealed= yes, it would be voidable. It would be put back, remanded, or the judge would say you are making poor decisions. Whatever happens- it would be knocked out. There is no more discussion.
Baudendistel- Clearing up the timing- Jared sent the agreement to me and Todd Listerman on August 28. Its a proposed agreement between his client and the county. Yesterday Grant asked about it being on the agenda.
Sylvia Miller- It is an agreement between Grafs and the count. BUT FOR THE FACT- that the land belongs to other people. You are taking land in this agreement that does not belong to the Grafs to put into this ROW.
The law does not differentiate ROW- Doesn’t care if its a path driveway or highway with standards for construction.
The steps for a ROW were not followed in the initial decision the deal was based on.
Thatcher- I tink you will be debated on that point.
Sylvia Miller- I don’t mind being debated and argue the appeal. Asking for 30 days- not 24 hours that we have.
Bischoff motion, not for 30 days, but for for the next Commissioners morning meeting 8:30 AM on October 6 ( 21 days). He wanted the question about the Seavers east to be added to it. He asked if the current zoning controls what happens on this ROW. Daily said it’s not up to standards. And only have 30 ft not 50 ft.
APPROVED. Turner was absent
Thatcher- It’s just like a soap opera- it keeps coming….
6:30PM
Applications for EMT Sponsorships, Jason Sullivan, EMA/EMS Director - 4 applications - attending in Greensburg- named the 4 all from Moores Hill in the folder- each $950 for the class. ( This is not the St E’s class) Approved to serve in Dearborn County.
Discussion on Board Appointment Process- Bischoff- had brought this up at the last meeting. And Kevin had added local background checks to applications. Thatcher was absent then. Baudendistel added extras to accomplish that and to delete addresses so that FOIA requests would not invade privacy. Thatcher said phone numbers are there.
Thatcher- He said only if terms are up would they take applications. Bischoff disagreed. Thatcher said if they hypothetically everyone on a board could be replaced. You’d have a problem if that happened on DCRC ( Redevelopment) as they are all only 1 yer terms. This is the only one that does that. If you lose key folks on that.
Bischoff was surprised to see the expertise that applied for the Citizens Review Committee- there are a lot of talented people in the county, who want to serve. We are creating a pool of applicants so if someone wants to resign we have this option. We can see these until there is an opening. Still a 3 member board makes a decision.
Thatcher-Since we are butting heads - let’s table till Kevin is here.
Baudendistel- said that the Sheriff is on board with doing the background checks .
TABLED till next meeting.
Thatcher-to Bischoff- I can see you out a lot of work into it.
Discussion on Public Notices Posted on Website- Bischoff- As of July 1 we will be able to publish public notices on the county website. They will create a PUBLIC NOTICE on the front page. State is creating a Public notice for all counties on their state page. This is just informational. No vote needed. They will probably set it up to state Jan 1 2027. By law required by July 1 2027.
Update on Solar Ordinance - Nicole Daily, Director of Planning & Zoning- ANOTHER Special meeting for Sept 21 and also Sept 28 regular meeting.
Thatcher - once we get thru the entire one- we want another separate meeting on just the ordinance after the 28th before sending to commissioners.
Daily- They can take a poll to look at setbacks or whatever to see where they are heading. This will wait to the end for a decisive vote.
Bischoff- have you talked to consultants who write ordinances? - Daily does not think council will give her money for that. What about the conditional use process- could get someone for that? Do you know of anyone? Yes she knows of some. Reiterated she didn’t think Council will give money for that.
Thatcher- We have time to decide once we get it. Daily- You have 90 days once the recommendation is certified to Commissioners.
Baudendistel- Moratorium is until the end of February. Daily And it can’t extended.
NEW BUSINESS
Request to Make Change to Prosector Door - Lynn Deddens, Prosecutor- The transom change to a stained glass is $3700 using seized asset funds not taxpayer dollars. Same craftsman that Judge Humphrey used for the one he donated on retirement. Using yellow white and blue as the IN flags colors. His would add a lot of light coming into the office. Jacob Hennecamp is craftsman. APPROVED
Zone Map Amendment - Nicole Daily, Director of Planning & Zoning:
Manchester Metals - Rezone from Agriculture (A) to Light Industrial (L-1) Ordinance to Change Zoning Classification of Certain Real Estate-
18.7 acres. - 9 members present- 7 for 1 abstain and 1 Nay for Favorable Recommendation with conditions and 5 written commitments. This is an existing business out of Ripley County. They eliminated other uses - no solar farm. Ag all around and AgH to the south.
Thatcher- He thinks it is spot zoning and Bischoff agreed. No discussion DENIED the Zone change.
There was a question about public comment- Baudendistel said that was at PC.
ADMINISTRATOR – Sue Hayden—2027-2030 ADA Plan Resolution and Plan Adoption- posted in public notices. This has processes on handling disability. They also did self recording surveys of heights of counters and door knobs etc. All corrected several years ago. Resolution 2026-012- Approved
Request For Qualifications (RFQ) for Property and Casualty Insurance Broker- Sue Hayden- prepared this and Baudendistel checked it out. She can send to people who have requested - can also check with other cities and towns to see who they use and reach out - cast a wide net.
Approved.
AUDITOR – Connie Fromhold -Claims/Payroll and September 1st Minutes- APPROVED
ATTORNEY – Andy Baudendistel-Got this today- acquiring temp or permanent ROWs for Bridges. County Engineer needs- 2 temp ROWs total 0.06 acres for access for 5 years for Small Structure 532 on North Dearborn Mark and Amy Isel. SP? APPROVED.
LATE ARRIVAL INFORMATION:Sue Hayden- Park Board - Timothy Hill came to Park Board for opening that can be R or D. He’s a R and is interested din outdoors. Lives in HVL. Approved.
PUBLIC COMMENT: Brandon Lang- Big surprise was reading in Beacon about Givaudan. It was sunshine and rainbows. A lot of what they ship is labelled corrosive and flammable etc. They aren’t squeezing oranges there by the Whitewater River. A lot of jobs could be from out of state as it’s near the state line. Fires could have water washing into the river. State of the art facility.
Thatcher said there is mini HAZMAT team in Harrison till others show up. He wants to see the economic development impact analysis. Has a FOIA request in.
Linnea direct jobs versus Givaudan-
Construction: Linnea 76 and 18 indirect Givaudan- 408 (av wage $51k ) and indirect 202 av wage $28k
Long term jobs- according study Lang gave him :
8 jobs
250 jobs etc- the numbers are not really comparable.
Linnea 37.4 million over the whole lifetime of contact. - 30 years 40 years? Around a million total per year to ALL entities
Givaudan is built in a ZONED INDUSTRIAL area for 16 years. That is different from Linnea situation.
Lang- Solar panels 50 ft from a creek versus chemical factory by the river. He
COMMISSIONER COMMENTS: Thatcher- Kevin Turner is absent because he is in Nashville TENN interrogating an alleged child sexual offender. He does good things like that.
ADJOURN- 7 PM
Christine Brauer Mueller
Lawrenceburg Township
