The Municipality of Chatham-Kent is looking to move forward with the next steps for Erie Shore Drive.
A recommendation is coming to council on Monday night that a request for proposal goes out to appoint an engineering consultant to review existing drainage works within the Burk Drainage Scheme and determine potential areas for better use, maintenance and repair.
In March 2020, the municipal public works department completed "Phase 1" of its efforts to stabilize the existing roadway and dike along Erie Shore Drive to mitigate the risk of dike failure. This came after a state of emergency was declared along the roadway and a voluntary evacuation was issued after municipal administration revealed that there was a five to 40 per cent chance that the Erie Shore Drive dike could fail.
Phase 1 included the raising and relocation of the continuous row of concrete blocks to the centerline of the travelled portion of the road. Spillways were also created to control flows over the Lakeshore Drain south bank in order to minimize the effects of erosion and degradation of the dike.
Now, for a more long-term solution, staff is requesting that the municipality utilize Section 78 of the Drainage Act to bring in an engineer to survey the area and provide recommendations. The Drainage Act of Ontario provides for the construction and management of communal drainage systems in rural Ontario and offers a legislated process for resident consultation and decision making regarding major draining projects.
Although there are previous engineer's reports considering options for the Lakeshore Drain and Burk Drainage system, staff note that those reports are not updated with respect to the current conditions on Erie Shore Drive.
Staff is also recommending that as a first step, a preliminary report be completed under Section 10 of the Drainage Act by the selected consultant.
"Considering the large scope and complexity of this endeavor, a preliminary report is the most logical approach because it will include high-level design concepts and cost estimates for the proposed work," read the staff report. "Most importantly, it will provide a proposal on the distribution of costs to each benefitting landowner. Regulatory and environmental concerns will also be addressed early in the process. Section 10 directs the engineer to consider the cost-benefit in his/her analysis of the work being contemplated."
In October, 2020, a law firm representing numerous residents along Erie Shore Drive submitted a notice to Chatham-Kent alleging that existing drainage works in the Burk Drainage Scheme constructed under the Drainage Act are out of repair.
According to the information going to council on Monday, a preliminary report would also help address this.
"This report will also serve to provide council and administration with relevant information to assess the notice received from Erie Shore Drive legal representation, including whether repair and/or maintenance of the Burk Drainage Scheme is necessary."
The cost of all engineering, construction and reports will be accumulated to a recoverable capital drainage account.
When a final report is completed, all costs will be assessed to the property owners that benefit from the drainage improvement project, rather than the cost impacting all taxpayers of Chatham-Kent.
If council decides not to proceed with the project after receiving the preliminary report, all costs expended to-date will be carried by the municipality.
