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Charlotte council approves resolution to retain counsel for AFFF testing at wastewater facilities

City of Charlotte City Council · April 28, 2026
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Summary

Council approved a resolution authorizing the mayor to sign agreements to retain legal counsel to pursue testing and potential claims related to AFFF foam in wastewater facilities; City Attorney Kirk Vandivort explained fees are covered by the attorneys and recovered amounts would be allocated per the agreement.

The City Council on April 28 approved a resolution authorizing the retention of legal counsel related to AFFF (aqueous film‑forming foam) investigations at wastewater facilities. City Attorney Kirk Vandivort explained the resolution would allow the mayor to sign agreements enabling testing of wastewater facilities for foam; if testing detected foam, the matter could be included in a lawsuit and any recovery and settlement processes would follow the terms described by counsel. Vandivort noted attorneys would cover testing fees and that, if recovered amounts were awarded, one-third would be allocated as described in the retainer arrangement recorded in the minutes.

The motion to approve the resolution was moved by Councilmember Melinda Miller and seconded by Councilmember Leah Green and recorded as 'Ayes: All.' The minutes do not include the retainer contract text, a timeline for testing, or technical sampling protocols; the entry records the council's authorization and the staff explanation by the city attorney.