MEMORANDUM

 

 

To:                   Mayor Allen Green

                        Vice Mayor Mary S. Martin

                        Councilman Dennis Kennedy

                        Councilman Robert Pohlmann

                        Councilman George Steindoerfer

                                   

 

From:              Kenneth W. Parker, City Manager                         

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                     January 17, 2006

 

Date:               January 10, 2006                                                                                                     

 

 

 

B.                 CITIZEN PARTICIPATION (Agenda)

 

Item 4 -        Presentation - Spruce Creek High School Youth Advisory Board

 

        During last year’s Student Government Day (SGD) Program a group of students made an excellent presentation regarding the need to establish a Youth Advisory Board here in the City of Port Orange. 

 

 

Item 5 -        Presentation - Business Development Partnership (BDP)

 

   Bob Turk will present a report to Council regarding the Business Development Partnership.

 

C.                CITIZEN PARTICIPATION (Non-Agenda - 15 Minutes)

 

D.                CONSENT AGENDA

 

  Item 6 -           Approval of Minutes:

 

 Attached are the minutes of the August 23, 2005, Special City Council Meeting; August 23, 2005, Regular City Council Meeting and the September 6, 2005, Regular City Council Meeting.

 

  If you have any questions, please contact Shirley Kelly or me.

 

 We recommend approval.

 

Item 7 -         2005 Concurrency Management Report

              The Planning Commission has reviewed and recommends approval of the 2005 Concurrency Management Report, 6-0 (Commissioner Bickel excused), as prepared by Staff.   In addition to reviewing transportation, potable water, sanitary sewer, solid waste, stormwater, and park and recreation facilities, the 2005 Concurrency Management Report includes two new sections. The first section details the upcoming changes to the City’s Comprehensive Plan- Update ’98, that will be required by Senate Bill 360 (SB 360).  In addition to mandating school concurrency, SB 360 will require changes to the City’s Potable Water Sub-Element and requires adoption of mechanisms to ensure that developer’s are able to enter into agreements with local municipalities for their proportionate share of required concurrency improvements.  The second new section reviews the capacity and student enrollment for elementary, middle and high schools within the City limits.  Although school concurrency will not be required until December 1, 2008, staff has chosen to include this information now, to ensure that staff and elected officials can monitor the impact of proposed developments on the local schools.

 

   Although the report does not recommend any development moratoriums for the current fiscal year, it does recommend that Council not approve any new Future Land Use Amendments or zoning changes that would increase the allowable density of projects along Taylor Road, west of I-95 and along South Williamson Boulevard, south of Taylor Road.  This is the same staff recommendation that was included in the 2004 Concurrency Management Report.  This measure is recommended to manage the current pace of growth on these two corridors until the programmed road widening are completed.

 

   Staff recommends that Council accept the 2005 Concurrency Management Report, as recommended by the Planning Commission.

 

City Manager Comments:  Some weeks ago, it was brought to the City Council’s attention that the City’s Concurrency Management Report is due to the Council by November.  One of the work items that I hope to achieve this year is a text amendment to change the date to January.  The November date is somewhat difficult to work with since it is so close to the end of the fiscal year.  Traditionally, the report is finalized in November.  The Planning Commission reviews it in December and the City Council accepts it in January.

This past year, the City Council addressed some critical issues.  First, the transportation issues on Dunlawton under the Interstate.  Currently, those improvements are under design.  Second, the City Council approved a series of agreements that required developers to pay for their pro-rated share of the road improvements.  Third, the City Council authorized the City Manager to bring forward a proposal to construct streets to their full capacity rather than constructing them in the incremental method.  The City Council at their December Meeting preserved the right to use the non-ad valorem method to collect assessments.  The Council contracted with a firm to conduct the necessary studies to establish the Districts.  Currently, the City is updating its Capital Improvement Element to comply with the new provisions of Florida Statutes. 

 

Item 8 -        Approve State Homeland Security Grant Program

 

   The Port Orange Police department has been awarded grant funds from the Florida     Department of Law Enforcement State Homeland Security Program in the amount of $23,815.00.  These funds will be utilized to purchase eleven ballistic resistant vests for

    the Emergency Response Team.  The current vests are nearing expiration and are not fully compatible with recently issued personal protection equipment suits.

 

        Staff recommends that Council approve acceptance of grant funds from the Florida Department of Law Enforcement State Homeland Security Program in the amount of $23,815.00 for the purchase of tactical body armor.

 

Item 9 -        Approve Change Order No. 1 to Contract with Masci Corporation for Madeline Avenue Central Roadway and Utility Improvements Project

 

      Masci Corporation, contractor for the Madeline Avenue Roadway & Utility Improvements project, has submitted an estimate for erosion control and bank stabilization work needed along the ditch behind 4679 Miles Drive in Sleepy Hollow.  As shown on the attached, total cost to make the improvements should not exceed$17,000.00.  Total revised project cost is $1,859,275.00 and funds are available in account #00143005416300, Project  #POL007. 

      

        Staff recommends approval of Change Order No. 1 to contract with Masci Corp. For the Madeline Avenue Central Roadway and Utility Improvements project for a cost not to exceed $17,000.00

 

City Manager Comments:  Last year, the City Council received a request from the residents in Sleepy Hollow to stabilize the ditch located between Sleepy Hollow and Wood Lake.  The City Council authorized the staff to investigate methods to stabilize the bank.  We have looked at a variety of options.  To compound the problem, the property on the Sleepy Hollow side, including the ditch itself belongs to the residents.  When the original developer developed Sleepy Hollow, he did not dedicate or give an easement to the City of Port Orange.  Therefore, the ditch is owned by the residents and is private property.  Therefore, the testing that is being done is on the Woodlake side of the ditch, which belongs to the City of Port Orange.  We are testing the material in a section of the ditch that has been eroding for sometime.  If the material works, then we will be back to the City Council and the residents with a proposal.  As you are aware, the City is prohibited by law from performing work on private property.   That is why we are testing the material on the Woodlake side of the ditch.  If the material does not work, then the other options available are:

 

1.                  sheet piling along the Sleepy Hollow side of the ditch bank.

2.                  potential piping of the entire ditch section.

3.                  using rock on the Sleepy Hollow side of the ditch to stabilize the ditch section.

4.                  looking at alternative drainage basin designs that would eliminate the “ring” ditch in this section.

 

The method that is being tested may be the lowest cost option available. 

 

To compound the issue, some of the Sleepy Hollow residents have indicated that the City has caused the erosion problem on their side of the ditch during routine maintenance of the canal area.  

 

Item 10 -      Development Activity Report for December 2005 and the Building Activity Report for November 2005

 

   The attached Staff reports include the Development Activity Report for December 2005 and the Building Activity Report for November 2005. These reports provide information on proposed development and projects under construction, commercial code enforcement activity and monthly building permits and inspection updates.

 

Staff recommends that Council approve the Staff Reports (Monthly Development and the    Building Activity Report) for November and December 2005.

 

Item 11 -      Waive Bid Procedure and Award Contract to City Forester for Tree Trimming at City Hall and Gamble Place

The City of Port Orange has received a $45,950.00 grant from the State of Florida to trim trees around Port Orange City Hall and Gamble Place as pre-hurricane damage prevention.  The State of Florida has also granted the City permission to obtain the services of Forester Steve Edgar without the normal bid procedures, because he is the City Forester and he has done this same job in the past.  This is a 75%/25% matching grant.

 

   Staff recommends that Council waived bid procedure and award a contract in the amount of $45,950.00 to City Forester, Steve Edgar, for Tree Trimming around City Hall and Gamble Place.

 

City Manager Comments: The State has indicated that this approach will not violate grant conditions.  It will expedite the work on the project.  Mr. Edgar is very familiar with Gamble and with City Center.  He supervised the last hurricane trimming of the trees here at City Center.  When we begin to trim the trees at City Center, the City Council should expect to receive complaints about the trimming method.  The last time we trimmed, the Council received numerous calls concerning the method of the trimming.  We can tell you the method recommended and indicated in the specifications by Mr. Edgar worked.  The City lost very few trees at City Center during the storm events of 2004. 

 

Item 12 -      Cambridge Basin Drainage Improvements - Engineering Fees - Construction Phase          

 

  Quentin Hampton Associates, Inc. has submitted an estimated cost of engineering fees for the construction phase of the Cambridge Basin Drainage Improvements project (North Section, South Section and Devonwood area.)  As shown on letter attached total fees should not exceed $325,000.00.  Funds area available in Account #41518005416397, Project DIP002.

 

   Staff recommends Council approval to issue a purchase order for the amount of $325,000.00 to Quentin Hampton Associates Inc. for engineering fees associated with construction phase of Cambridge Drainage Improvements Project.

  

Item 13 -      “Piggyback” City of Palm Coast Contract with Halifax Paving Annual Paving Program

 

 Staff has identified the roadways in need of resurfacing for the 2006 Paving program. 

  The spreadsheet attached lists the roadways to be resurfaced, condition, year originally constructed and cost to resurface each.  Also shown is a contingency amount of   $204,438.00 due to the uncertainty of paving the City Hall parking area.  Additional asphalt may be needed in some areas before final resurfacing work can be done.  Staff requests approval to “piggyback” the City of Palm Coast contract with Halifax Paving Inc. in order to obtain asphalt at a cost of $65.00 per ton.  Total estimated cost to resurface roads as shown on FY 2006 Paving Program is $812,978.00.  Funds are available in Account #30143005415363, Project #POL016.

 

   Staff recommends Council approval to “piggyback” the City of Palm Coast, contract #ITB-    E-05-03, with Halifax Paving Inc. to resurface roads as outlined on spreadsheet attached.

 

   City Manager Comments: For the first time in many years, the City resurfacing budget is at the level it needs to be.  This year, the City will invest more than $800,000 in resurfacing roads in Port Orange.  This does not include roads that will be resurfaced because of utility projects that are under construction in Port Orange.

 

E.  PUBLIC HEARING

 

 

 Item 14 -        Community Development Block Grant (CDBG) Disaster Recovery Initiative Project - Seawall

 

As a requirement of the CDBG Disaster Recovery Initiative program, the City is required to conduct a public hearing and seek comments on the Seawall Restoration project and its budget.  The City applied for and received $625,000 from the State’s Small Cities CDBG Disaster Recovery Initiative to restore and improve the Seawall along the west side of the Halifax River.  The program assists initiatives that resolves problems and/or repairs damages from the 2004 hurricanes.  A great dealing of flooding occurred on Halifax Drive, the Causeway, and Riverside Drive because of the hurricanes.  The focus of the project will be publicly owned areas such as city property, parks, and road intersections (see attached map).  A combination of seawall repairs and new construction as well as rock revetments will be utilized to alleviate future damage.

 

Monies made available to the City must be spent on eligible activities in low and moderate-income areas as prescribed by Federal guidelines or benefit low and moderate-income individuals. 

 

Staff recommends Council to discuss and approve the City’s expenditure of Community Development Block Grant (CDBG) Disaster Recovery Initiative funds, as recommended by staff.

  FINANCE (John Shelley)

 

Item 15 -       Second Reading - Ordinance No. 2005-59 - Water and Sewer Development

Fees

 

We recommend approval.

 

Item 16 -         Second Reading - Ordinance No. 2005-60 - Recreational Facility Development Fees

 

We recommend approval.

 

G.  COMMUNITY DEVELOPMENT (Donna Steinebach)

 

Item 17 -         Second Reading - Ordinance No. 2005-55 - Amending Chapters 2, 13 and 16 of the Land Development Code Relating to Fence and Wall Requirements

 

We recommend approval.

 

Item 18 -         Second Reading - Ordinance No. 2005-62 - Annexation - Nautica Lakes PUD

 

This item has been requested to be delayed until February.  There are some items that need to be addressed with the next item. I am recommending that both track through on second reading at the same time.  We have advertised for second reading.  Therefore, the City Council will need to accept comments for the public.  I am recommending that the public hearing be continued until February 21, 2006.

 

Item19 -          Second Reading - Ordinance No. 2005-63 - Rezoning and Approving a Master Development Agreement and Conceptual Development Plan - Nautica Lakes Planned Unit Development

 

This item has been requested to be delayed until February.  There are some items that need to be addressed before this item can move forward on second reading.  Therefore, the City Council will need to accept comments from the public.  I am recommending that the public hearing be continued until February 21, 2006.

 

Item 20 -         Second Reading - Ordinance No. 2005-66 - Rezoning - From PO  (Professional Office) and R-3L (Low-Density Multi-Family Residential) to R-3M (Medium-Density Multi-Family Residential) David Stuart

 

We recommend approval.

 

Item 21 -         Second Reading -Ordinance No. 2005-67 - Rezoning - From A (Agricultural) and RR (Rural Residential) to RR (Rural Residential) Coventry Partners, LLC

 

We recommend approval.

 

 

Item 22 -         Second Reading - Ordinance No. 2005-68 - Rezoning - From A (Agricultural) to R-20SF (Single-Family Residential) Coventry Partners, LLC

 

We recommend approval.

 

Item 23 - Second Reading - Ordinance No. 2005-69 - Rezoning - From A (Agricultural) to         PO (Professional Office) Vogel

 

We recommend approval.

 

Item 24 -         Second Reading -Ordinance No. 2005-70 Amending Chapter 20, Section 2(b) of the Land Development Code Relating to Repeal of Economic Development Incentives

 

We recommend approval.

 

Item 25 -         First Reading - Ordinance No. 2006- 2 - Approving an Amendment to the Master Development Agreement and Conceptual Development Plan - Waters Edge 4th Amendment

 

At the November 17, 2005 meeting, the Planning Commission recommended approval, 5-2 (Commissioners McMasters and Bickel dissenting), of the 4th Amendment to the Master Development Agreement and Conceptual Development Plan for Waters Edge Planned Unit Development. The consensus of the Commission majority was to hold the Amendment and new phases to the “old/current” development standards, thereby resolving the outstanding policy issues.  The purpose of the amendment is to incorporate a 34.62-acre tract and 10.01-acre tract into the PUD.  The amendment also makes changes to the MDA relating to off-site improvements to Pioneer Trail; landscaping requirements; maximum allowed density; and amenity areas.  The amendment also eliminates the requirement for the developer and the City to execute a reclaimed water augmentation agreement and establishes a timeframe for when the City may begin to issue Certificates of Occupancy.  If approved, the property intends to submit final development plans and plats in order to develop the property as Waters Edge, Phases IX-B and XII.  The Planning Commission’s recommendation of approval was conditioned upon the following: 

 

A resubmittal was received on December 12, 2005.  All outstanding technical comments have been addressed. 

 

Staff recommends that Council approve Ordinance No. 2006-2, approving the 4th Amendment to the Master Development Agreement and Conceptual Development Plan for

 

Waters Edge Planned Unit Development, dated December 12, 2005, as recommended by the Planning Commission per the meeting of November 17, 2005, incorporating the staff report dated November 8, 2005.

 

Second Reading: February 21, 2006

 

Item 26 -         Resolution No. 06-  1 - Proposed Drainage Easement Vacation - Halifax Medical Center Port Orange Subdivision, Lot 2 (1041 Dunlawton Avenue)

 

The Community Development Department has received a request to vacate a portion of the Drainage Easement located on Lot 2 of the Halifax Medical Center Port Orange subdivision. The property owner has made this request in connection with the proposed site and building improvements for the Halifax Medical Center. Required retention volumes for the development are being compensated by other retention area modifications required to be completed with site development.

 

The easement vacation application and legal description have been reviewed for completeness and accuracy. City departments have reviewed this request and have no outstanding concerns.  Releases from property owners having rights to the easement have been obtained for the area of the easement described in Exhibit “A”. The easement may be vacated to the extent that it is being modified.

 

Staff recommends that Council approve Resolution No. 06 - 1 -, vacating the Drainage Easement located on Lot 2 of the Halifax Medical Center Port Orange subdivision, per the attached legal description.

 

Item 27 -         Resolution No 06- 2  - Proposed Tree Conservation Easement Vacation - Halifax Medical Center Port Orange Subdivision, Lot 3 (1041 Dunlawton Avenue)

 

The Community Development Department has received a request to vacate a Tree Conservation Easement located on Lot 3 of the Halifax Medical Center Port Orange subdivision. The property owner has made this request in connection with the proposed site and building improvements for the Halifax Medical Center. 

 

The easement vacation application and legal description have been reviewed for completeness and accuracy. Replacement mitigation requirements have been agreed to between the Community Development Landscape Architect and the Developer. The mitigation and a replacement Tree Conservation Easement will be required prior to the issuance of a certificate of occupancy for the building improvements. Other City departments have reviewed this request and have no outstanding concerns. The easement may be vacated to the extent that it is being mitigated for on site.

 

Staff recommends that Council approve Resolution No. 06- 2 -, vacating a Tree Conservation Easement located on Lot 3 of the Halifax Medical Center Port Orange subdivision, per the attached legal description.

 

Item 28 -         Resolution No. 06- 3  - Proposed Access, Utility and Drainage Easement Vacation - Halifax Medical Center Port Orange Subdivision, Lots 2, 3 and 4 (1041 Dunlawton Avenue)

 

The Community Development Department has received a request to vacate the 24.00-feet wide Access, Utility, and Drainage Easement located on Lot 2 and located on a portion of Lot 3 and Lot 4 of the Halifax Medical Center Port Orange subdivision. The property owner has made this request in connection with the proposed site and building improvements for the Halifax Medical Center.

 

The easement vacation application and legal description have been reviewed for completeness and accuracy. City departments have reviewed this request and have no outstanding concerns. Utility Company release letters have been obtained for the area of the easement described in Exhibit “A”. The easement may be vacated to the extent that it is being relocated.

 

Staff recommends that Council approve Resolution No. 06 - 3  -, vacating the 24.00-feet wide Access, Utility, and Drainage Easement located on Lot 2, Lot 3, and Lot 4 of the Halifax Medical Center Port Orange subdivision, per the attached legal description and replacement easement. 

 

Item 29 -         Resolution No. 06- 4  - Proposed Right-of-Way Vacation - Plantation Home Way, Port Orange Plantation Phase I Subdivision

 

The Community Development Department received a request to vacate a portion of the Plantation Home Way right-of-way dedicated to the City of Port Orange within the plat of Port Orange Plantation Phase I as recorded in Map Book 51, Page 52 through Page 55, of the Public Records of Volusia County, Florida. The request has been made in conjunction with a proposed Port Orange Plantation Phase I-A plat that eliminates a Plantation Home Way cul-de-sac and in conjunction with a proposal to extend this roadway in to the Port Orange Plantation Phase III area. The Phase I-A plat has received a Development Order and the Phase III subdivision is currently under review by the City.                                        

The right-of-way vacation application and legal description have been reviewed for completeness and accuracy. City departments have reviewed this application and request that the recording of the quit-claim deed be conditioned upon the recording of the Port Orange Plantation Phase I-A plat. A performance bond will be necessary to record the plat since development work for the Phase I-A area will not be completed until Phase III is developed. Release letters have been obtained from franchise utility companies for the proposed right-of-way vacation area as described in the attached legal description, Exhibit “A”. Property ownership of the adjacent parcels is in the name of D.R. Horton, Inc. – Jacksonville, the Developer. The right-of-way may be vacated to the extent that it will be reestablished with the recording of the Port Orange Plantation Phase I-A plat.

 

Staff recommends that Council approve Resolution No. 06 - 4 -, vacating the Plantation Home Way right-of-way, dedicated to the City of Port Orange within the plat of Port Orange Plantation Phase I, as described in the attached legal description, Exhibit “A”.

 

Item 30 -Resolution No 06- 5  - Proposed Drainage Easement and Utility Easement Vacations - Port Orange Plantation I Subdivision

 

The Community Development Department received a request to vacate a portion of the Drainage Easement over Tract A and the 12.00-feet wide Drainage/Utility Easement along the Plantation Home Way right-of-way fronting a portion of Tract A, Tract E, and Lot 29 granted to the City of Port Orange within the plat of Port Orange Plantation Phase I as recorded in Map Book 51, Page 52 through Page 55, of the Public Records of Volusia County, Florida. The request has been made in conjunction with a proposed Port Orange Plantation Phase I-A plat that eliminates a Plantation Home Way cul-de-sac and in conjunction with a proposal to extend the Plantation Home Way roadway into the Port Orange Plantation Phase III area. The Phase I-A plat has received a Development Order and the Phase III subdivision is currently under review by the City.

 

The easement vacation application and legal descriptions have been reviewed for completeness and accuracy. City departments have reviewed this application and request that the recording of quit-claim deeds be conditioned upon the recording of the Port Orange Plantation Phase I-A plat. A performance bond will be necessary to record the plat since development work for the Phase I-A area will not be completed until Phase III is developed. Release letters have been obtained from franchise utility companies for the proposed utility easement areas as described in the attached legal descriptions, Exhibit “A” and Exhibit “B”. Property ownership of the adjacent parcels is in the name of D.R. Horton, Inc. – Jacksonville, the Developer. The drainage easement may be vacated to the extent that it will not be necessary and the utility easement may be vacated to the extent that it will be reestablished with the recording of the Port Orange Plantation Phase I-A plat.

 

Staff recommends that Council approve Resolution No. 06 - 5 -, vacating a Drainage Easement and a Drainage/Utility Easement, granted to the City of Port Orange within the plat of Port Orange Plantation Phase I, as described in the attached legal descriptions, Exhibit “A” and Exhibit “B”.

 

H.  PUBLIC UTILITIES (Roger Smith)

 

Item 31 -       Resolution No. 06 - 6  - Interlocal Agreement between Ponce Inlet and City of Port Orange Relating to Sanitary Sewer Services

 

In 2005, the Florida Department of Environmental Protection (FDEP) conducted its annual survey of the City’s Industrial Pretreatment Program.  The survey identified deficiencies in our interlocal agreements with entities that contribute sanitary sewer to the City of Port Orange for treatment and disposal.  As a result, FDEP is requiring Port Orange to amend its sanitary sewer service agreement with Ponce Inlet.

 

The amendment of this agreement subsequently requires the Town of Ponce Inlet to adopt industrial pretreatment requirements consistent with Port Orange.  Ponce Inlet staff has expressed their willingness to comply with this condition. 

 

Staff recommends that Council approve Resolution No. 06- 6, authorizing the City to modify the Sanitary Sewer Interlocal Agreement with the Town of Ponce Inlet, and to authorize the Mayor and City Manager to execute the resolution and agreement.

 

  I.  PUBLIC SAFETY (Gerald Monahan and Tom Weber)

 

Item 32 -        First Reading - Ordinance No. 2006 - 3  - Creating Article III to Chapter 26 of the Code of Ordinances Relating to Emergency Communications

 

The creation of this ordinance is a safety measure to ensure that all buildings in Port Orange can support the 800 MHz radio system utilized in Volusia County for emergency communications.  The concerns is that large buildings, particularly those that are built with non-combustible walls or framing, do not adequately provide radio coverage for fire rescue or the police occupying a building.  The ordinance is necessary to provide reliable, constant, and effective communication for emergency responders.

 

The ordinance requires that all structures that exceed 5,000 square feet and are built with non-combustible walls, roof framing, or other materials that upon testing are shown to interfere with emergency communications, provide adequate radio coverage.  Buildings and structures that do not support the required level of radio coverage shall be equipped with either a radiating cable system or a special antenna system with amplifiers as needed.  Existing buildings that do not provide adequate radio coverage must come into compliance by January 1, 2007.  The ordinance also provides for annual and field-testing.

 

Staff recommends Council approval of Ordinance No. 2006 –3, amending Chapter 26 of the Code of Ordinances, City of Port Orange, Florida, by creating Article III, Emergency Communications, and Section 26-44, Public Safety 800 MHZ Radio Amplification System.

 

City Manager Comments: Sometime ago, the City determined that there are dead spots in some of our larger buildings making it difficult for our police and fire and rescue personnel to communicate.  We are recommending the revision to our public safety section of the code of ordinances that would require the installation of systems inside these buildings that would allow radio communication by public safety personnel. This is extremely important to adequately allow our personnel to respond to emergency and adequately protect both people inside these structures as well as emergency response personnel.

 

Second Reading: February 21, 2006

 

J.  ADMINISTRATION (Ken Parker)

 

 Item 33 -        Resolution No. 06- 7 - Florida League of Cities Legislative Program Support

 

The attached material from the Florida League of Cities (FLC) was received on December 12, 2005.  FLC is requesting the City Council to adopt this resolution of support and transmit the resolution to our state leadership.

 

Staff recommends that Council approve to adopt Resolution No. 06-7 supporting the Florida League of Cities 2006 Legislative Program and Priorities and to transmit this resolution to Governor Jeb Bush, Senate President Tom Lee, Speaker of the House Allan Bense and the 2006 Volusia Legislative Delegation.

 

K.         COUNCIL COMMENTS

 

Item 34 -         Comments/Concerns from Council Members

 

At this time, Council Members may discuss various matters of concern.