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Elizabethtown Sewage design at center of lawsuit

Town: we have not been served, continue to negotiate

— Fenimore disagrees.

“The DEC is the funding agency that oversaw the entire process and viewed all of the financial arrangements and all of the invoices and expenditures and then approved and paid for them,” Fenimore said. “They had the sole fiscal responsibility for the project. The town was just the middle man. There is two separate contracts between DEC and the town and DEC and Barton. I have absolutely no concerns for any misallocation of funds for the project because the DEC oversaw all of it.”

“I have intimate knowledge of everything that happened prior to me leaving as public record shows,” Merrihew said. “All this smoke and mirrors with saying that it is the previous administration’s fault, the public record is my defense. The DEC would not have released the funds if they felt it was not proper.”

Both Fenimore and Merrihew said they hoped that the pre-construction project would have been allowed to be completed so the physical work on a sewer system could have begun.

“What stopped the projects were the unilateral actions of the town supervisor as a direct result of her venture into alternative sewer system plans,” Fenimore said. “A project that was nearly complete should have been allowed to finish, which she said was going to happen back in February. Once she was told that alternative plans would not be funded, she chose to terminate the previous plan and told Barton that they would not pay anymore for it.”

“This project is about 95 percent complete and it needs to go forward,” Merrihew said. “My hope is that in January, I would want to be able to try and re-negotiate with the agencies.”

Bartley said that as part of the negotiations, she had digitized seven years worth of records between 2007-2013 and made them available to Barton & Loguidice as well as the public (etownny.com).

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