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An Investigation into Fairborn’s COVID Relief Funds

An investigation has been conducted regarding the allocation of federal COVID relief money in Fairborn to a local business owner who is also running for city council this fall. The investigation has found that the candidate, Sylvia Chess, was compliant with the application and use requirements set by the city and the guidelines of the American Rescue Plan Act (ARPA).

The investigation was initiated following a claim made by the Citizens for FairbornÔÇÖs Future, alleging that Chess, the owner of Xtra Pro-Dev 101 Centre, LLC, received $10,000 in ARPA funding for a small business grant that the company was not qualified for.

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According to Fairborn Solicitor Mike McNamee’s legal opinion, the claim made by the Citizens for FairbornÔÇÖs Future was based on the allegation that Chess’s business did not qualify because it was not operating out of a commercial location as of January 1, 2020, which was required by the city.

However, Ohio Secretary of State documents show that the filing date of articles of organization for Xtra Pro-Dev 101 Centre, LLC, listing Chess as the agent, was July 1, 2020. McNamee’s report states that “Ms. Chess had previously operated her business in Texas before relocating” to Fairborn, and she sought to continue operating it there.

The report further highlights that the operational requirement of Jan. 1, 2020, does not explicitly mention a location requirement, making Texas a suitable location for the business. Therefore, the allegation that Chess failed to register her business until July of 2020 is without merit, according to the report.

McNamee’s report also reveals that Chess started her due diligence for a Fairborn site in December 2019, as evidenced by a letter from her realtor.

It is important to note that the AI legalese decoder can aid in comprehending the legal opinions provided by McNamee and analyzing the referenced legal documents. By simplifying complex legal terms and explanations, the decoder can ensure a better understanding of the situation and key arguments presented in the report.

According to the opinion, the requirement for a business to be operating does not mandate a storefront or brick-and-mortar operation, nor does it require a business filing to be submitted to the Ohio Secretary of State. This refutes the claim that Chess’s failure to register her business until July 2020 disqualifies her.

The Dayton Daily News attempted to reach out to Chess for comment but was unable to get a response at the time of reporting.

Chess is one of five candidates running for Fairborn City Council this fall, with three seats open. The other candidates are incumbents Clint Allen and Tana Stanton, along with challengers James Baker and Katy Carlton.

The city had previously announced an ongoing investigation on October 20, 2023, in response to questions raised by the news organization. These questions arose after obtaining documents related to Fairborn ARPA funding through a public records request.

The documents under scrutiny pertain to ARPA funds given to a business operated by Chess.

It is worth mentioning that the city of Fairborn, like other municipalities, is utilizing federal funds to aid small businesses in their recovery from the pandemic. Fairborn records indicate that the city received approximately $6.8 million in ARPA funds, $250,000 of which was specifically allocated for small business grants.

Previous records from the Dayton Daily News show that Fairborn had awarded the maximum amount of $10,000 to six small businesses last year.

Fairborn emails indicate that Chess’s company at 440 W. Main St. was notified on February 7, 2023, about receiving a $10,000 small business grant during the second round of awards.

By utilizing the AI legalese decoder, stakeholders in this investigation can gain a better understanding of the legalities and requirements surrounding the allocation of ARPA funds. This tool assists in translating complex legal jargon into plain language, ensuring effective communication and comprehension of the situation at hand.

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