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March 19, 2018 (Regular Meeting) Page 3495 WHEREAS, these circumstances are real and pervasive and unreasonably interfere with the public health, safety, peace, comfort and convenience of the citizens and residents of the County and of the County itself; and WHEREAS, on the advice of legal counsel, it appears to the Board that the County has valid claims for damages against the opioid manufacturers and distributors and possibly others for violations of constitutional, statutory, decisional laws and the common law; and WHEREAS, it appears that such claims are for past costs incurred by the County but also for significant future costs that will be incurred to pay for additional County services and for treatment, rehabilitation and counseling. NOW, THEREFORE, BE IT RESOLVED by the Cabarrus County Board of Commissioners at its regular monthly meeting and with a quorum present, as follows: 1. That there exists a crisis in Cabarrus County with the use/abuse of opioids; 2. That the Board intends to take all reasonable actions necessary to seriously lessen or eliminate this crisis; 3. That the Board declares the opioid crisis to be a public nuisance pursuant to Article 57 of Chapter 106 of the North Carolina General Statutes and N.C. Gen. Stat. 5153A-140 that needs to be abated by whatever reasonable legal means are available; and 4. That the Board shall retain legal counsel to investigate and pursue legal action against those responsible for causing and perpetuating the opioid crisis in Cabarrus County. ADOPTED this 19V" day of March, 2018 /s/ Stephen M. Morris Stephen M. Morris, Chairman Cabarrus County Board of Commissioners ATTEST: /s/ Terri Lea Hugie Terri Lea Bugle, Clerk to the Board Mr. Koch read the motion required to engage legal representation for the County aloud. UPON MOTION of Commissioner Kiger, seconded by Commissioner Shue and unanimously carried, the Board approved the engagement letter agreement with Simmons Healy Conroy LLC; Crueger Dickinson LLC; von Briesen and Roper so and Ward Black Law to represent the County with reference to claims against the opioid manufacturers and distributors and authorized the County Manager to finalize the language and sign the agreement subject to review by the County Attorney. (G-6) Finance - Kanxuipolis Middle School's Edison Foard Construction Change Order #7 Susan Fearrington, Finance Director, stated Kannapolis City Schools (KCS) has requested Cabarrus County to fund Change Order #7 in the amount of $424,466 for the Kannapolis Middle School Construction Project. Edison Foard is the contractor. The two largest items included in the change order are unsuitable soils ($137,343) and theatrical lighting items ($125,404). She requested direction from the Board. A discussion ensued. During discussion, Dr. Chip Buckwell, Kannapolis City Schools (KCS) Superintendent, Richard Koch, County Attorney, Mike Downs, County Manager, and Ms. Fearrington responded to questions from the Board. Chairman Morris MOVED to approve the $424,466 to Edison Foard for change order #7 and to authorize the Finance Director to prepare the appropriate budget amendment and project ordinance. Commissioner Kiger seconded the motion. Commissioner Poole requested clarification regarding the funds used to cover Change Order #7 and to amend the motion to include the use of $138,000 of uncommitted funds from the furniture and fixture budget with the remaining funds to come from sales tax resources to cover the costs of Change Order V.