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2023-06-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 JUNE 19, 2023 REGULAR MEETING PAGE 804 ASSEMBLY The New Hanover County Board of Commissioners met June 19, 2023, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chair Bill Rivenbark; Vice-Chair LeAnn Pierce; Commissioner Jonathan Barfield, Jr.; Commissioner Dane Scalise; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Lainie Mauger, Unity of Wilmington, provided the invocation and Commissioner Zapple led the audience in the Pledge of Allegiance to the Flag. PRESENTATION OF THE NORTH CAROLINA GOVERNOR’S AWARD OF THE ORDER OF THE LONG LEAF PINE TO COUNTY ATTORNEY WANDA M. COPLEY Chair Rivenbark stated that June 19, 2023 marks the final Board of Commissioners meeting where Wanda Copley will serve as County Attorney before she retires at the end of the month. She has been a faithful servant for New Hanover County for 39 years. During her time, she helped Commissioners and County staff navigate significant growth and numerous changes throughout the community with sound legal guidance. Chair Rivenbark, on behalf of the Board, thanked County Attorney Copley for all she has done, wished her well in her adventures to come, and stated that everyone will miss her. He then asked Retired Senior Resident Superior Court Judge W. Allen Cobb, Jr. to step forward to make a presentation to County Attorney Copley in celebration and recognition of her devotion to public service. Retired Senior Resident Superior Court Judge W. Allen Cobb, Jr. stated that County Attorney Wanda M. Copley is being honored with the North Carolina Governor’s Award of The Order of the Long Leaf Pine for her 39 years of service, leadership, and support to the citizens of New Hanover County. He provided a brief overview of her career noting that she was the first female county attorney in the state, how her work to represent the County and various boards and committees will have a lasting impact on the community, and then made the presentation to County Attorney Copley. County Attorney Copley expressed appreciation for the recognition and for receiving the award. She stated that she did her best to serve former and current County Commissioners and the citizens and that it has been her honor to serve. Commissioner Barfield stated that in 1992 when the motion was made to appoint County Attorney Copley, the motion was seconded by Commissioner Barfield, his father. His father had the opportunity to work with her when she was an assistant county attorney and then as county attorney and now, he has had the pleasure to work with her for the past 15 years. He further stated that she has been a person who has been breaking down walls for a long time during her service to the community, has been a trailblazer, a great friend, and that he has been honored to work and serve with her. Commissioner Zapple stated that he agreed with Commissioner Barfield. He stated that County Attorney Copley has saved him from himself more times than he can remember by talking through a position he would take on various matters. She always gave him the right advice even if it was not the answer he wanted to hear. He further stated that she has paved the way for women throughout the County and the state and that he would miss her. Chair Rivenbark stated that he is going to miss coming to the office to discuss County issues with County Attorney Copley and expressed his appreciation for her service. Commissioner Scalise stated that he was pleased to have the opportunity to work with County Attorney Copley for a brief time, and he is grateful that their friendship will continue beyond their working relationship. He will be looking to her for continued guidance and is certain she recognizes that she is not going to be able to get away by retiring. He further stated that County Attorney Copley has been an inspiration to him and to the lawyers of the community and has held herself to the highest standards possible. She has advised the County during some of the most difficult times, which is precisely what a lawyer of the highest standards and repute should do, and she has done that throughout her career. He commended County Attorney Copley for her work on behalf of the citizens and the County and congratulated her on her retirement. Vice-Chair Pierce stated that when she first joined the Board, County Attorney Copley told her that she could call her any time day or night with any question which is what she needed as a new County Commissioner. She noted the importance of recognizing that County Attorney Copley trailblazed at a time when women were not doing those things. Vice-Chair Pierce thanked County Attorney Copley for being an example for others to follow, including young lawyers and ladies to know they can do and accomplish the same things that she has done. APPROVAL OF CONSENT AGENDA Chair Rivenbark requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Scalise to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 JUNE 19, 2023 REGULAR MEETING PAGE 805 CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Agenda Review held on June 1, 2023, and Regular Meeting held on June 5, 2023. Adoption of Budget Amendments – Budget The Commissioners adopted the following budget amendments amending the annual budget ordinance for the fiscal year ending June 30, 2023: Finance 23-074, 075, 076, and 077 Copies of the budget amendments are hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 12.1. Adoption of Purple Heart Day Proclamation – Sheriff’s Office The Commissioners adopted a proclamation recognizing Monday, August 7, 2023 as Purple Heart Day in New Hanover County. The proclamation will be presented during the August 5, 2023 Cape Fear Purple Heart Dinner. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 12.2. REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet stated that County Attorney Copley was the first female county attorney in North Carolina, the longest serving New Hanover County Attorney, and a friend to not only every Commissioner who has ever served, but every member of staff over that course of time. It is one thing to be a county attorney, it is another thing to be a county attorney and a good friend who will do everything they can to keep you from doing the wrong thing, no matter how convicted you may be to the idea. He thanked her for her friendship and stated that no one could replace her. He further stated that while that is said each time a retiree is recognized, in this case it is extra true as someone of her caliber can never be replaced. He then recognized the following employees receiving a retirement award: Deputy John Fleming, Sheriff’s Office, retiring with 13 years of service Jim Iannucci, Engineering, retiring with 17 years of service Chair Rivenbark presented a retirement award to each person and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet requested the following employees to step forward to receive service awards: Five Years: Barbi Baker, Cape Fear Museum Christopher Boney, Tax Kellie Giles, Register of Deeds Lisa Pope, Health and Human Services (HHS) – Social Services Ten Years: Sean Dwyer, HHS – Social Services Mea Hoffman, HHS – Health Eric Spencer, HHS – Health Shelton Wade, Parks and Gardens Lionel Willis, HHS – Health Fifteen Years: Joann Davenport, Tax Susan DeMarco, Library Thirty-Five Years: John Bryant, Facilities Management Chair Rivenbark presented a service award to each person and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet requested the following new employees to stand and be introduced: Nesheeka Bell Michelle Gardner Patrika Parker Brayden Waddell Joseph Dixon Shaquan Harris Jordan Snow Ashley Elmore Bailey Ocker Yvonne Swinehart Christine Enderlin Millicent Ott Toni Vernon The Commissioners welcomed the employees to County Government and wished them success in their new positions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 JUNE 19, 2023 REGULAR MEETING PAGE 806 CONSIDERATION AND ADOPTION OF JUNETEENTH PROCLAMATION Commissioner Barfield read the proclamation into the record, recognizing June 19, 2023 as JUNETEENTH in New Hanover County. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to adopt the proclamation recognizing June 19, 2023 as JUNETEENTH in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chief Diversity and Equity Officer Linda Thompson on behalf of the New Hanover County Commission on African American History, Heritage and Culture expressed appreciation to the Board for adopting the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 12.3. CONSIDERATION AND ADOPTION OF RESOLUTION RECOGNIZING THE WILLISTON LEGACY GRADUATION Chair Rivenbark read the resolution into the record which acknowledged that the decision to close Williston Senior High School exacerbated tensions within the County and expressed congratulations to the Williston Senior High classes of 1969 and 1970. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Scalise to adopt the resolution recognizing the Williston Senior High School classes of 1969 and 1970 and the July 1, 2023 honorary graduation ceremony. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Barfield stated that his father was a graduate of Williston Senior High School Class of 1964 and how to this day the Williston graduates meet on a regular basis and maintain the tight bond, unity, and commitment to maintaining a sense of community amongst themselves. He is proud to know some of the people that attended Williston. He thanked Chief Diversity and Equity Officer Linda Thompson for her work to help provide a sense of healing, closure, community, and togetherness. He can only imagine the heartbreak the students must felt not being able to graduate with those that they had gone with to elementary school, middle school, and high school when abruptly removed and taken to another school where they really were not welcome. He stated that he was sorry for the things that the students endured and that he is proud to honor their legacy and provide a sense of healing for them. Ms. Thompson expressed appreciation to the Board for adopting the proclamation and recognized 1969 class president Ulysses Slade and 1970 class president William Boykin. Mr. Slade expressed appreciation for the resolution. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 12.4. PRESENTATION AND APPROVAL OF THE PROPOSED WORKFORCE HOUSING SERVICES PROGRAM YEAR TWO – FISCAL YEAR 2024 Senior Long Range Planner Rachel LaCoe and Housing Program Manager Theo McClammy presented the following information:  Presentation of Workforce Housing Services Program Framework:  CSA (New Hanover County) housing gap estimates – number of units needed:  Note: number of units assumes product is marketable, affordable and in a marketable location. Variations of product types will impact the actual number of units that can be supported. Additionally, incentives and/or government policy changes could encourage support for additional units that exceed the preceding projections.  Examples of eligible activities: construction of new units, conversion/rehabilitation of existing units, downpayment assistance, rental assistance, and emergency repair  Project viability:  Financial feasibility:  How likely is it that the project will move forward?  Does the project include other funding sources? NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 JUNE 19, 2023 REGULAR MEETING PAGE 807  Development quality:  Is the site suitable for development?  Does the development include good site design and quality materials?  Development and management team:  Do they have experience with affordable housing?  Do they have the capacity to manage the project/program?  Priorities:  Shovel ready to break ground/operational by July 2024  Leverage of funding  Period of affordability that exceeds 15 years with additional considerations for projects at 30 years  Target average median income (AMI) under 80% with additional consideration for units under 50% and 30% AMI  Acceptance of housing choice vouchers:  Application and funding process: Ms. LaCoe concluded the presentation by stating that staff will finalize the evaluation criteria and request for proposal (RFP) and work with the Communications and Outreach team to develop a release about the RFP and an information session for interested parties to get their feedback. After the evaluation of the proposals for eligibility and completeness and the recommendations from the subcommittee are prepared, a presentation will be made to the Board in the fall for final funding allocations. Also, the agenda packet includes a recommendation for a cap of $1.5 million per program/project to ensure funding for at least two projects, but there is no recommendation of a cap per cycle. Ms. LaCoe responded to questions stating that funds will be made available to recipients based on the contracting process. It is dependent on when the project is funded, whether it is at the closure of a loan or at the period of when the recipient has a construction loan. She confirmed that the funding is flexible depending on the needs of the project, but the commitment is made to the contractors to include the information when applying for low income housing tax credits. It will be the Board’s decision whether there is a cap on the amount that is disbursed during the upcoming funding cycle. If it is the Board's decision to set a policy to put two cycles per year in place, such as a fall and a spring opportunity, staff can set that up as well. Commissioner Barfield discussed the issue of affordable housing, citing a recent article about a local hotel converted into small, one-bedroom efficiency units with rents starting at $900. He highlighted the challenges faced by residents due to limited space in these units, emphasizing the significant need for affordable housing. He expressed satisfaction with the completion of the first funding cycle for such housing. Commissioner Barfield outlined his and Commissioner Scalise's participation in the North Carolina Housing Leadership Forum, where they addressed affordable housing issues with leaders from Brunswick, Pender, and Columbus counties. He highlighted the differing housing needs across the counties, noting the impact of poverty levels in some areas and the lack of apartment buildings leading many residents living in substandard housing or older homes. He stressed the importance of leveraging resources to support developers interested in creating more affordable housing options and discussed the shift from the use of the words "affordable housing" to "workforce housing" to combat public housing stigma. He restated the definition of affordable housing as housing costs not exceeding 30% of gross income, including utilities. He further highlighted the challenges in New Hanover County, where first-time homebuyers face an average price close to $400,000, low inventory, high demand, and rising interest rates. He expressed the need to prioritize projects ready for immediate construction due to the urgency of affordable housing and thanked the staff for their efforts in addressing this issue. Hearing no further discussion, Chair Rivenbark thanked Ms. LaCoe for the presentation and asked for direction from the Board. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Barfield to approve the proposed Workforce Housing Services Program Year Two – Fiscal Year 2024 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF VOTING DELEGATE TO THE NATIONAL ASSOCIATION OF COUNTIES 2023 ANNUAL CONFERENCE Commissioner Scalise nominated County Manager Coudriet for appointment as the voting delegate to the National Association of Counties (NACo) 2023 Annual Conference. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 JUNE 19, 2023 REGULAR MEETING PAGE 808 Hearing no further nominations, Chair Rivenbark asked for direction from the Board on the nomination on the floor. Motion: Commissioner Scalise MOVED, SECONDED by Vice-Chair Pierce to appoint County Manager Coudriet as the voting delegate to the NACo 2023 Annual Conference. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointments to the Airlie Gardens Foundation, Inc. Board of Directors Chair Rivenbark reported that two vacancies exist on the Airlie Gardens Foundation, Inc. Board of Directors with two applicants eligible for reappointment and two additional applications available for consideration. Commissioner Scalise nominated Eric Blaesing and Charlie Rivenbark for reappointment. Commissioner Zapple seconded the nominations. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Eric Blaesing and Charlie Rivenbark to the Airlie Gardens Foundation, Inc. Board of Directors to serve three-year terms with the terms to expire on June 30, 2026. Appointment to the Cape Fear Community College Board of Trustees Chair Rivenbark reported that one vacancy exists on the Cape Fear Community College Board of Trustees with one applicant eligible for reappointment and two additional applications available for consideration. Commissioner Barfield nominated William Cherry for reappointment. Vice-Chair Pierce seconded the nomination. Hearing no further nominations, Chair Rivenbark asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint William Cherry to the Cape Fear Community College Board of Trustees to serve a four-year term with the term to expire June 30, 2027. Appointments to the Cape Fear Museum Advisory Board Chair Rivenbark reported that five vacancies exist on the Cape Fear Museum Advisory Board with three applicants eligible for reappointment and five additional applications available for consideration. Commissioner Zapple nominated Richard Andrews, Dana Crater, and Eileen O’Malley for reappointment, and Lucy Holman and Timothy Pinnick for appointment. Commissioner Scalise nominated Ben Ivey and Caleb Rash for appointment. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Richard Andrews, Dana Crater, and Eileen O’Malley to the Cape Fear Museum Advisory Board to serve three-year terms with the terms to expire June 30, 2026. Vote Results: The Board voted in the majority to appoint Lucy Holman to the Cape Fear Museum Advisory Board to serve a three-year term with the term to expire June 30, 2026. Chair Rivenbark, Vice-Chair Pierce, Commissioner Barfield, and Commissioner Zapple voted in favor. Vote Results: The Board voted 1 to 4 to appoint Timothy Pinnick to the Cape Fear Museum Advisory Board to serve a three-year term with the term to expire June 30, 2026. Commissioner Zapple voted in favor. Vote Results: The Board voted in the majority to appoint Ben Ivey to the Cape Fear Museum Advisory Board to serve a three-year term with the term to expire June 30, 2026. Chair Rivenbark, Vice-Chair Pierce, Commissioner Barfield, and Commissioner Scalise voted in favor. Appointments to the Cape Fear Public Utility Authority Chair Rivenbark reported that two vacancies exist on the Cape Fear Public Utility Authority with one applicant eligible for reappointment and two additional applications available for consideration. Commissioner Scalise nominated Wesley Corder for reappointment in the Joint Appointee category and William Smith for appointment in the Regular category. Commissioner Zapple nominated Sean Olds for appointment in the Regular category. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Wesley Corder in the Joint Appointee category to the Cape Fear Public Utility Authority to serve a three-year term, with the term to expire June 30, 2026. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 JUNE 19, 2023 REGULAR MEETING PAGE 809 Vote Results: The Board voted in the majority to appoint William Smith in the Regular category to the Cape Fear Public Utility Authority to serve a three-year term, with the term to expire June 30, 2026. Chair Rivenbark, Vice-Chair Pierce, Commissioner Barfield, and Commissioner Scalise voted in favor. Appointments to the New Hanover County Alcohol Beverage Control Board Chair Rivenbark reported that one vacancy exists on the New Hanover County Alcohol Beverage Control (ABC) Board with nine applications available for consideration. The Board is also charged with appointing a chairman for the ensuing year. Vice-Chair Pierce nominated Louis Burney, Jr. for appointment. Commissioner Scalise nominated Bruce Shell to serve as chairman for the ensuing year. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Louis Burney, Jr. to the New Hanover County ABC Board to serve a three-year term with the term to expire on June 30, 2026. Vote Results on Chairman: The Board voted UNANIMOUSLY to appoint Bruce Shell to serve as chairman for the ensuing year. Appointment to the New Hanover County Airport Authority Chair Rivenbark reported that one vacancy exists on the New Hanover County Airport Authority with nine applications available for consideration. Commissioner Barfield nominated Wanda M. Copley for appointment. Hearing no further nominations, Chair Rivenbark asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Wanda M. Copley to the New Hanover County Airport Authority to serve a four-year term with the term to expire June 30, 2027. Appointment to the New Hanover County Board of Examiners of Electricians Chair Rivenbark reported that one vacancy exists on the New Hanover County Board of Examiners of Electricians with one application available for consideration. Commissioner Barfield nominated Charles Harrell for appointment. Hearing no further nominations, Chair Rivenbark asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Charles Harrell to the New Hanover County Board of Examiners of Electricians to fill an unexpired term, with the term to expire on September 1, 2023. Appointments to the New Hanover County Parks and Recreation Advisory Board Chair Rivenbark reported that two vacancies exist on the New Hanover County Parks and Recreation Advisory Board with one applicant eligible for reappointment and six applications available for consideration. Commissioner Scalise nominated Matthew Bisplinghoff for reappointment and Caleb Rash for appointment. Vice-Chair Pierce seconded the nominations. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Matthew Bisplinghoff and appoint Caleb Rash to the New Hanover County Parks and Recreation Advisory Board to serve three-year terms with the terms to expire June 30, 2026. Appointment to the New Hanover County Tourism Development Authority Chair Rivenbark reported that two vacancies exist on the New Hanover County Tourism Development Authority with one applicant available for consideration. Commissioner Barfield nominated Nicolas Montoya to serve in the Wrightsville Beach Hotel Owner/Manager category. Vice-Chair Pierce seconded the nomination. Hearing no further nominations, Chair Rivenbark asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Nicolas Montoya to serve in the Wrightsville Beach Hotel Owner/Manager category on the New Hanover County Tourism Development Authority to serve an unexpired term with the term to expire December 31, 2023. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 JUNE 19, 2023 REGULAR MEETING PAGE 810 Appointments to the Parks Conservancy of New Hanover County, Inc. Board of Directors Chair Rivenbark reported that three vacancies exist on the Parks Conservancy of New Hanover County, Inc. Board of Directors with two applicants eligible for reappointment and four applications eligible for consideration. Commissioner Barfield nominated Rex Burford and Mark Ihnat for reappointment and Sean Olds for appointment. Commissioner Scalise nominated Chandler Case for appointment. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Rex Burford and Mark Ihnat to the Parks Conservancy of New Hanover County, Inc. Board of Directors to serve three-year terms with the terms to expire June 30, 2026. Vote Results: The Board voted in the majority to appoint Sean Olds to the Parks Conservancy of New Hanover County, Inc. Board of Directors to serve a three-year term with the term to expire June 30, 2026. Chair Rivenbark, Commissioner Barfield, and Commissioner Zapple voted in favor. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Rivenbark stated that one person signed up to speak under public comment and invited the person to provide their public comments. Adrianne Garber, a resident of Red Heart Drive, expressed her concerns regarding the ongoing RiverLights construction and its impact on Silver Lake specifically due to changes made to elevations and the construction of large retaining walls in her neighborhood over the past two months. Ms. Garber believed that the actions have led to a loss of water runoff, posing a potential threat to the future of Silver Lake. She provided an overview of photos depicting the area of concern, including a retaining wall at the corner of Lorraine Drive and River Road. Additionally, she shared information on the lake levels, noting that despite above-average rainfall in the past two months, the lake appears to be receding significantly. Ms. Garber requested that the Board consider taking necessary measures to preserve Silver Lake. Commissioner Barfield stated that RiverLights is located within the city limits and encouraged Ms. Garber to share her concerns with the City of Wilmington about the retaining walls. He further explained that the County has no jurisdiction on the construction as it is within the city limits and thanked Ms. Garber for making the Board aware of the issue. County Engineer Tim Lowe responded to questions stating that Silver Lake is a natural lake that was developed prior to any state water quality standards and County stormwater ordinances. He confirmed that it acts as a receiver of runoff for the area where it is located. ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Barfield wished all the fathers that are listening to the meeting a Happy Father’s Day. Commissioner Scalise wished all fathers and father figures a Happy Father’s Day, particularly his father who has been one of the most influential people in his life. County Attorney Copley expressed appreciation to the Board for allowing her to serve as the county attorney since 1992. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 10:27 a.m. Respectfully submitted, Kymberleigh G. Crowell Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available online at www.nhcgov.com.