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tv a • Stephen K. Yamashiro ,i~ ~ ~g[~~]~~~ Wurdeman Mayor R E v 1-' V~INo~ cwruel hiR•ei•w~y~' '97 FEB 10 PIS 2 04 ~IILtTIfk1 II~ ~2Tf11I[tt COUNTI' CLERK OFFICE OF THE CORPORATION COUNSEL OF HAWAU 301 Aupuni Street, Suite 325 • Hilo, Hawi'i 96720-4262 • (808) %1.8251 . Faz (808) %1.8622 February 10, 1997 Councilman Dominic Yagong Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Dear Councilman Yagong: Re: Papaikou Collector Sewer, Phase II This is a response to your oral request for an opinion on whether Council approval is required to authorize the extension of a sewer system in Papaikou to Kaapoko Homestead Road. The Papaikou project was initiated in 1975, when by resolution of the Council, the Mayor was authorized to apply for construction grant benefits from the federal government for the Papaikou Sewer System (Resolution 442 adopted August 20, 1975). Plans were prepared and Phase I was completed in 1980, encompassing primarily the portion of Papaikou along or makai of the State highway. The project encountered difficulties when it was found that it could not meet the connection and design capacity provisions of the grant conditions. A "final determination letter" was received from the EPA in November 1993, lo:aering the design capacity but requiring a construction schedule for Papaikou Phase II and Paukaa Phase IZ, which did not include Kaapoko Homestead Road. As Phase II progressed, it became known that the planned connections for Paukaa had been overestimated. For this reason, and because there was an unencumbered balance in the project budget, it was decided to extend the project to Kaapoko Homestead Road. This decision was made in January 1997. Ordinance 96-51 requires that all extensions of public sewer systems shall be approved by resolution of the Council. The stated purpose for this requirement is to "provide for public input on decisions to extend the public sewer system." _ _1~1,.Q-_l . r~rc.~! FEB 1 u IJyI