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Commission approves legal payment and retainer to assist Canal Falls PSD with asset purchase matter
Summary
The commission authorized payment of $25,236.33 in legal fees to Todd Swanson and approved a retainer that brings the total authorization to approximately $35,000 to assist Canal Falls Public Service District with an asset‑purchase agreement tied to West Virginia American Water.
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The Fayette County Commission authorized payment of legal fees and a retainer on July 8 to assist Canal Falls Public Service District (PSD) with matters tied to an asset‑purchase agreement with West Virginia American Water.
Commissioner Taylor moved that the commission pay Todd Swanson $25,236.33 to cover legal work through the end of June and also approve a retainer that would bring the commission’s total authorization to roughly $35,000 to support Canal Falls PSD in facilitating and signing the asset purchase agreement. "Move that, the commission paid Todd Swanson $25,236.33 in back legal fees...and a total of so I don't wanna do the math, but it's close to 9,000 something more. But 3rd total of $35,000 to include a retainer," Taylor said while making the motion. The motion passed by voice vote.
Commissioners discussed the rationale for authorizing legal assistance, noting the asset purchase agreement could leave debts attached to the utility that would be satisfied from the sales price. One commissioner said the commission’s paying legal fees now could be preferable to paying comparable amounts later if debts reduce the final sales price.
Separately, the commission approved an attorney’s proposal to use asset‑forfeiture funds to provide pay raises; that motion was approved by voice vote.
What’s next: The county’s payment to the attorney will be processed and the PSD will be supported in negotiating or finalizing the asset purchase agreement; commissioners did not record a roll‑call vote in the transcript.

