Board urges compliance, considers noncompliance finding for Lexington Estates and Oak Park as letters of credit near expiry

Lexington Estates and Oak Park developments dominated an extended discussion at the Nov. 10 Warrick County Drainage Board meeting as members weighed how to handle outstanding punch‑list items and letters of credit that are close to expiring.

One board member said "I think this board has to find Lexington is not in compliance" to preserve leverage and to prompt action by the developers; others noted the commissioners ultimately have authority to pull letters of credit. Board members described multiple, separate punch‑list areas and differing deadlines: some items were described as already completed by developer representatives but lacked a surveyor’s inspection or an as‑built submission to the surveyor's office.

Because some letters of credit are due to expire within roughly 10 days as discussed in the meeting, the board debated whether to continue the items to the next meeting or to find projects noncompliant and ask commissioners to act. The board approved a motion to conditionally accept recommendations subject to verification and inspection and instructed staff to forward a recommendation to the commissioners when formal action on letters of credit is necessary; the motion carried 3‑0.

The board emphasized it does not itself pull letters of credit; that step would be taken by the board of commissioners if recommended. Board members asked staff to prioritize inspection and confirmation of punch‑list completion before the commissioners' meeting.

What happens next: staff will attempt to verify the as‑built status and punch‑list completion before the commissioners' meeting; if items remain incomplete, the board will recommend the commissioners consider drawing on letters of credit or other remedies.