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HomeMy WebLinkAbout05-27-2004 Regular Meeting3322 STATE OF ALABAMA )( COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 5:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Thursday, 2004. Present were Mayor Timothy M. Kant, Councilmembers: Robert C. Gentle, Michael A. Ford, Debbie W. Quinn, Pauline Anders, and Cecil Christenberry; City Attorney Marion E. Wynne, and Acting City Clerk/Treasurer Tyron D. Hoskins. Geniece W. Johnson, City Clerk/Treasurer was absent. There being a quorum present, Mayor Kant called the meeting to order. The Pledge of Allegiance was recited, and Wayne Smith, Purchasing Agent, gave the invocation. Councilmember Anders moved to approve and amend the minutes of the 10 May 2004, regular meeting. The amendment is as follows: "Correction to the May 10, 2004 minutes" Councilmember Gentle moved to pay bills as presented. Seconded by Councilmember Ford, motion passed unanimously. Amended to add that Mayor Kant assured the Council that all bills were in the budget at the request of Councilmember Anders. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Quinn so moved to allow Baldwin County Commission's request to be moved from item #14 to #2. Seconded by Councilmember Gentle, motion passed unanimously. Cara Stallman with the Baldwin County Commission presented the preliminary engineering plans for Montrose Pedestrian Trail. She addressed issues regarding safety, water runoff and drainage, bridges, and trees. There were some concerns as to who would provide the maintenance for this area. It was unclear at that time. This will go before the Planning and Zoning Committee on June 7, 2004. Councilmember Quinn made a recommendation to accept Baldwin County Commission's plans pending Planning and Zoning recommendations. Seconded by Councilmember Anders, motion passed unanimously. 3323 27 May 2004 Councilmember Anders moved for final adoption of Ordinance No. 1216, to re -zone the property of Fairhope 98 Joint Venture from RI -Low Density Single Family Residential District to B4 — Business and Professional Office. This property is located West of U.S. Highway 98 (Greeno Road), South of Parker Road. Seconded by Councilmember Gentle, Ordinance No. 1216 passed by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -None Councilmember Anders moved for final adoption of Ordinance No. 1217, amending Ordinance No. 1196 — Connection fee for sprinkler. Seconded by Councilmember Christenberry, Ordinance No. 1217, passed by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -None Councilmember Anders moved for final adoption of Ordinance No. 1218, establishing By -Laws for the Sister Cities Association. Seconded by Councilmember Gentle, Ordinance No. 1218, passed by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -None Councilmember Gentle introduced in writing Ordinance No. 1219 an ordinance amending Ordinance No. 1192 — Minimum Standards for fixed base operation at the H. L. "Sonny" Callahan Airport. In order to take immediate action Councilmember Ford moved to suspend the rules. Seconded by Councilmember Gentle, motion to suspend the rules passed by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1219. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following vote: AYE - Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Ford introduced in writing and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute an agreement between the City of Fairhope and Alabama Department of Transportation for the installation and/or maintenance of Traffic Control Signals and/or Street Lighting Project (TCSP-PE03(909) — U. S. 98 in Fairhope from Gable Street to Highway 104. Seconded by Councilmember Quinn, motion passed unanimously. 3324 27 May 2004 RESOLUTION NO. 1036 BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA as follows: WHEREAS, the City of Fairhope, Alabama is desirous of having certain roadway lighting improvements made on U.S. Highway 98, in accordance with plans prepared by the Alabama Department of Transportation (State), with said plans and the work included therein being entitled and designated as Project TCSP-PE03(909). The purpose of this project is for the installation and/or maintenance of Traffic Control Signals and/or Street Lighting Project (TCSP-PE03(909) — U.S. 98 in Fairhope from Gable Street to Highway 104. The City of Fairhope also desires and requests that the State have included in the project the contractor's providing of additional light poles to the City of Fairhope for the replacement of poles damaged in the future. WHEREAS, the agreement shall be executed in the name of the City of Fairhope by its Mayor Timothy M. Kant, for and on its behalf. WHEREAS, the agreement shall be attested by the City Clerk, Geniece W. Johnson, and the seal of the City of Fairhope affixed thereto. BE IT FURTHER RESOLVED that upon the completion of the execution of the Agreement by all parties, that a copy of such agreement be kept on file by the City Clerk. PASSED, ADOPTED AND APPROVED this 271h day of May, 2004. )< ko--�� Tithy M. ant, ayor ATTE�I': _ iece W. Johnson, Qfty Clerk/Treasurer I, the undersigned qualified and City Clerk/Treasurer of the City of Fairhope, Alabama do hereby certify that the above and foregoing is a true copy of a resolution passed and adopted by the City Council of the City of Fairhope therein, at a regular meeting of such Council held on the 271h of May 2004, and that such resolution is on file in the City Clerk's Office. Seal Geniece W. Johnson, City Clerk/Treasurer Date 3325 27 May 2004 Councilmember Gentle introduced in writing and so moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute an agreement between the City of Fairhope and Alabama Department of Transportation for the Eastern Shore Trail between Oak Street and Gayfer Avenue. (RTP Project Number 04-RT-54-002, City 20% $11,187.25 and State 80% 44,749.00) for fiscal year 2004-2005. Seconded by Councilmember Anders, motion passed by the following votes: AYE -Gentle, Ford, Kant, Anders, and Christenberry. NAY -none. RECUSED-Quinn. Resolution No. 1037 on Next Page 3326 27 May 2004 RESOLUTION NO. 1037 BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALA 3AMA as follows: 1. WHEREAS, the City of Fairhope, Alabama is desirous of obtaining funding made available through the Alabama Department of Economic and Community Affairs (ADECA) for The purpose of reconstruction and improvement of a 1986 linear foot trail from Gayfer Avenue Oak Street, including widening the trail from 4' to 5' and connecting it with the Eastern Shore Trail (RTP Project Number 04-RT-54-002) (Project Name Eastern Shore Trail). The City of Fairhope shall be responsible for 20%, $11,187.25, of this project, and the Alabama Department of Transportation shall be responsible for 80%, $44,749.00, of this project. 2. WHEREAS, the agreement shall be executed in the name of the City of Fairhope, by its Mayor Timothy M. Kant, for and on its behalf. 3. WHEREAS, the agreement shall be attested by the City Clerk Geniece W. Johnson, and the seal of the City of Fairhope affixed thereto. BE IT FURTHER RESOLVED that upon the completion of the execution of the Agreement by all parties, that a copy of such agreement be kept on file by the City Clerk. PASSED, ADOPTED AND APPROV this 27`h day of May. 2004. Timo y M. nt, 4yor ATTEST: ,v Geniece V. Johnson, Cit I, the undersigned qualified and City Clerk/Treasurer of the City of Fairhope, Alabama do hereby certify that the above and foregoing is a true copy of a resolution passed and adopted by the City Council of the City of Fairhope therein, at a regular meeting of such Council held on the 271h of May —2004, and that such resolution is on file in the City Clerk's Office. Seal Geniece W. Johnson, City Clerk/Treasurer Date Councilmember Anders introduced in writing and moved for the adoption of the following resolution, a resolution amending Fairhope Municipal Civic Center complex Rules and Regulations to comply with fire code — Vegetable Oil (replacing Resolution No. 749-01). Seconded by Councilmember Gentle, motion passed unanimously. 3327 27 May 2004 RESOLUTION NO. 1038 A RESOLUTION REPLACING RESOLUTION NO.749-01 SETTING FORTH THE RULES AND REGULATIONS FOR THE OPERATION OF THE FAIRHOPE MUNICIPAL CIVIC CENTER COMPLEX. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: I. The facilities, namely the Main Auditorium, the Council Chambers (Municipal Court), the kitchen and the Delchamps Suites, located in the Municipal Civic Center Complex, 161 N. Section Street, Fairhope, Alabama, will be regulated as outlined herein. II. DEFINITIONS A. Local - within the corporate limits of the City of Fairhope with Fairhope address B. Persons or Groups - individuals, groups of individuals firms, civic clubs, social clubs, professional associations, organizations, corporations, service groups. III. RESERVATIONS Reservations shall be on a First Come, First Served Basis, except Governmental functions shall take precedence over all other functions and may necessitate the cancellation or postponement of an event. Persons or groups wishing to reserve one or more of the facilities must complete an Application for Use of Municipal Complex form, including Bond Section required for Main Auditorium, pay required deposit, and be entered on the Activities Calendar located in the City Hall. No reservations confirmed until deposit is paid. Cancellations must be in writing and given to the Reservation Manager not less than thirty(30) days prior to event. Fee refunds will be made, by check, less a $10.00 or 20% handling charge, whichever is larger. Groups that have events that occur annually and have rented the auditorium for at least five consecutive years shall have the right for advance booking provided that date is requested and deposit paid prior to current event. IV. RULES AND REGULATIONS Main auditorium rent shall be $375.00 per day, plus $20.00 per hour for each hour of use, for any Local persons or groups Not Charginiz Admission; or any Local civic club, charitable group or non-profit organization within the corporate limits of Fairhope where admission is charged and more than 50% of the gate receipts remain with the Local club, group or organization. (Charge will be $50.00 per hour on recognized City holidays). Locals will not be charged for kitchen rental, but all clean-up fees apply. 2. Main auditorium rent shall be $375.00 per day, plus $20.00 per hour for each hour of use, for any persons or groups outside the corporate limits of Fairhope. (Holiday charge $50.00 per hour). Policy for allowing use of facilities without paying rent. 3328 27 May 2004 Resolution No. 1038 Page Two A. From 8:OOAM until 5:00PM, on regular working days of the City of Fairhope, when it is not being used by a paying group, it may be used by: 1. Fairhope public schools for free, when that school's principal calls to reserve it and writes a letter requesting this. 2. Thomas Hospital (as long as it is a non-profit community hospital) 3. Any Fairhope community organization, whether civic, or otherwise, which is not a commercial venture for private gain, may pay a membership fee of $30.00 a year which will allow said member organization to use the facility(except the auditorium) for free whenever it is not booked by a paying customer. This is to include civic groups, churches, or private organizations such as Investment Groups, Interest Clubs. After 5:OOPM non-profit local civic clubs using the building will be charged a fee of $50.00 per day plus $20.00 per use hour. B. After 5:OOPM: The Fairhope Public Schools may receive a waiver of the rental fee for use of the facilities when it is not booked by a paying customer. A letter must be written to the City of Fairhope from the principal of the school requesting waiver of rental fees, before such waiver will be considered. No requests for waiver will be considered prior to 3 months before said event. Thomas Hospital may request a waiver of the rental fee, when such request is made in writing to the city no more than 3 months prior to the event. The Baldwin Pops may use the Civic Center one weekday evening each week at no cost. Thomas Hospital and Fairhope Public Schools, while not having to pay the rental fee, must pay $20.00 an hour of actual use to cover some of the city's cost of opening the facility. These organizations are responsible for their own clean up, but if they do not clean up they will have to pay the regular scheduled cleanup fees. The hourly use fee applies for actual use time after 5:OOPM on weekdays and all day on weekends. C. The Mayor and the City Budget and Finance Committee, which is made up of three city council members, have sole discretion to waive the rental fee for other non-profit groups who they deem to be offering a service for the Fairhope citizens. 4. Any other persons or groups, all non -local persons or groups and all profit -making persons or groups using the Council Chambers will be charged a fee of $50.00 per day plus $20.00 per use hour. 5. A fee of $100.00 will be charged for the use of the kitchen and serving area, only to non -local persons or groups using the kitchen. NOTE: THE FIRE CODE AND INSURANCE COMPANY DOES NOT ALLOW THE USE OF VEGETABLE OILS FOR COOKING IN THE DEEP FRYERS. Kitchen supplies and equipment will not be used by anyone other than those paying this fee. A fee of $50.00 will be charged for use of serving area only, only to non -local persons or groups. 6. A fee of $35.00 will be charged for the use of the City Piano. 7. Any other type rental must be approved by the Mayor. A fee for use of plants and flowers, if available, will be based on the number used and the fee will be set by the Public Works Supt. 8. Decorations must be placed on the day of the event. The City permits use on an "as is" basis .... the City will not clean-up debris left by a decorating group. 3329 27 May 2004 Resolution No. 1038 Page Three 9. Access to the building must be arranged with the Building Superintendent. 10. There will be an inspection after each event by City Personnel. 11. All loose debris, including cups, plates, napkins, cans and cigarette butts, must be removed from tables and the floor swept of debris; debris placed in container and containers emptied into dumpster outside kitchen door by user. All decorations must be removed following an event. Decorations that are to be shared with other groups may be left in place if prior arrangements are made with and approved by the Building Superintendent to clean the auditorium after a function at a cost of $150.00. 12. All decorations are to be free-standing or approved by the Building Superintendent. All decorations must be removed before renter leaves building. All debris to be hauled off by renter. Arrangements can be made to be hauled off by the City at a charge to be determined. 13. Law Enforcement Personnel and/or chaperons, if required by the Building Superintendent, must be approved by the Fairhope Chief of Police and will be present during entire event. 14. At all B.Y.O.B. parties, where set-ups are to be sold, the City will operate the bar for set-ups. A waitress to remain at the bar will be provided. Any additional waitress will be paid by the group/users and arrangements made with the Building Superintendent to secure such waitress. Set-ups to include: cola, sprite, club soda, tonic water and ice. Any other set-ups required, arrangements should be made with the Building Superintendent to secure such set-ups. 15. Specifics for Auditorium and Stage users: A. No equipment or materials will be placed in the auditorium or on the stage prior to the day and time of use unless approved by the Building Superintendent. B. All equipment and materials will be removed at end of rental hours. C. The piano will remain on stage at all times. Nothing will be placed on or stored on this instrument. D. No painting of any type will be permitted inside the complex. E. Stage light settings will be accomplished by auditorium users, and when function is over light must be reset for general use. Step ladders will be returned to storage place after use. F. The only persons allowed in the sound equipment room(upstairs) will be the persons in charge of the activity and persons required to operate sound and light systems. A $30.00 per hour charge will be required for the use of stage lights and operator. G. The number of auditorium seating is to be given at the time of booking. Maximum seating and/or crowd capacity will be as per the Fire Code. Fire and exit lanes will be open at all times. Chairs will not be disconnected and moved into aisles. 3330 27 May 2004 Resolution No. 1038 Page Four 16. No inventory items, such as chairs, tables, podiums, movie projectors, screens, kitchen utensils, pots, pans, silverware, dishes, etc., will be loaned or permitted to be removed from the premises under any condition. 17. Permission from the Building Superintendent will be required for any person or group to bring into the building and use an appliance with special power requirements. 18. No nails, tacks, brackets or self-adhesive tape will be allowed on or in walls, ceilings, floors, or any material that will deface, mar or damage a finished surface. The Building Superintendent will be the authority on such matters. 19. Religious groups may use the complex facilities for meetings, conventions, dinners, etc., but will not be permitted to use any part of the facility as a permanent sanctuary on a regular Sunday or weekday basis. 20. A $2,000 bond is required to use the main auditorium and is to be secured by an item of value such as property, savings account, certified check, etc.; and must be approved by the Mayor. 21. Renters of the Delchamps Suite and the Council Chamber will not be required to post bond but they will be held responsible for any damage beyond moderate and normal wear and tear. 22. In order to maintain health standards as required by state and county regulations, all users of kitchen and auditorium must comply with the following: A. All pots, pans, trays, plates, saucers, cups, serving dishes, glasses, and silverware will be washed before use. B. After food serving has been completed, and before leaving the complex, all items listed above will be washed and separated(all spoons together, etc.) and stored in proper locations as found prior to use. Tables will be cleaned. C. All equipment, including coffee and tea urns will be cleaned after use. The responsibility will fall on the renter. If not done a fee will be assessed by the Superintendent. D. Stoves and ovens will be cleaned, sinks, work areas and slicing equipment will be cleaned. E. All garbage will be removed from building and placed in dumpster provided at close of activity. F. All personal equipment will be removed at the close of activity. G. Only garbage bags and dish towels will be furnished by the City. Any other accessories, such as napkins, will not be furnished by the City. H. No containers or dishes will be removed from the building at any time. I. Users of auditorium only, serving food/drink, will furnish own pots, pans, etc., At end of activity, all tables will be cleaned. 3331 27 May 2004 Resolution No. 1038 Page Five J. Ice machine and refrigerators will be used only by those renting kitchen. K. Use of coffee pots or urns will be $5.00. 23. The lobby alone will not be used as a meeting place. 24. The City of Fairhope, its departments and agencies, and city sponsored functions shall be exempt from rental fees provided the functions will improve the skills, finances, or betterment of the sponsoring department or portray the City of Fairhope in the best light for the good and benefit of the citizens of Fairhope. This does not relieve the said departments from clean-up and security responsibilities, except that no bond will be required to insure performance. 25. No food, no drink, and no smoking will be allowed in the Council Chambers. 26. No rice, birdseed or like material will be thrown inside the complex. 27. Persons or groups renting main auditorium, Council Chamber and Delchamps Suites shall have exclusive use of the Civic Center parking lot with exception of the spaces required by City Hall and the Fairhope Public Library. The Council reserves the right to amend, delete, adjust, or waive any and all stipulations set out herein. ADOPTED this 27' da of May , 2 04. 1f%' (�Iothy . Kant Mayor Attest: CN Gemece W. Johnson, City r erk/Treasurer Councilmember Ford moved to approve the Site Plan Review for Bill Hyatt for a proposed retail center, located East of Greeno Road, North of Pizza Hut, and South of Rite Aid. Seconded by Councilmember Gentle, motion passed by the following votes: AYE -Gentle, Ford, Quinn, Kant, and Christenberry. NAY -none. RECUSED-Anders. The following 1-year appointments to the Sister City Board were made. APPOINTMENTS — Executive Committee 1. Darrelyn Bender 6. Pat Herndon 2. Gene Bouchillon 7. Hubert Hinote 3. Dee Fuhrman — FEEF 8. Mary Lois Timbes-Adshead 4. Allen Harper 9. Cecil Christenberry — Council Member 5. Jeffrey Harris 3332 27 May 2004 APPOINTMENTS — Honorary Executive 1. Mayor Kant 2. Bob Gentle 3. Mike Ford 4. Debbie Quinn 5. Pauline Anders Councilmember Christenberry moved to accept the appointments to the Sister City Board. Seconded by Councilmember Anders, motion passed unanimously. Councilmember Christenberry moved to add Mayor Tim Kant, Councilmember Mike Ford, and Councilmember Cecil Christenberry to the Finance and Auditing Committee. Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Anders then moved to continue the Finance Meeting at the second Council Meeting one hour before the work session. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Gentle so moved to grant Change Order # 2 for Ammons & Blackmon Construction for the Low Pressure Sewer System - County Road 32 Force Main by increasing the contract by $24,458.70. Seconded by Councilmember Christenberry, motion passed unanimously. Councilmember Quinn so moved to approve Change Order # 1 for C. Thornton for Phase II and Phase III Sidewalk Projects by increasing the contract by $37,115.00. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Gentle so moved to grant the Request of the Eastern Shore Art Center requesting permission to hold its annual Outdoor Art Show on March 18, 19, and 20, 2005, on Oak Street from Bancroft to Section Street, and up Section Street three quarters of a block past Equality Street. Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Anders moved to grant the request of Douglas Mansmann requesting permission to operate a Hot Dog Cart in such areas at the Municipal Pier, Bluff and Park overlooking the bay. Mr. Mansmann may use the Municipal Parks and other areas allowed by the City of Fairhope with the condition that he works with Police Chief Chris Browning and the Sidewalk and Street Committee. Seconded by Councilmember Christenberry, motion passed unanimously. Councilmember Quinn exited chambers at 6:41 p.m. and returned at 6:44 p.m. 3333 27 May 2004 Mayor Kant recommended to layover the request of Verla Peace requesting permission to advertise local businesses by pulling a wagon holding a miniature horse, and offering miniature horse carriage rides to children along the beach and public park areas in Fairhope due to Ms. Peace not being present. RE: SOFT BODY ARMOR — STATE OF ALABAMA BID CONTRACT # T037, solicitation NO: 2116142. The City of Fairhope Police Department has budgeted for Soft Body Armor for the Fiscal -Year 2003-2004. The Soft Body Armor will replace older armor that has exceeded its effectiveness to protect police officers in the field. The Soft Body Armor will cost $464.00 per vest. The total purchase price on the state bid list is $11,016.00. The City will be reimbursed through a grant $7,979.81, leaving the remaining cost to the city $3,036.19, which will be reflected against the Police Department budget. Councilmember Gentle moved to accept the state bid for bulletproof vests for the Police Department. Seconded by Councilmember Quinn, motion passed unanimously. TABULATION Identification: "MANAGEMENT OF WASTE -CITY OF FAIRHOPE" Bids to be received no later than: March 10, 2004 at: 4:00 p.m. Removal of Solid Waste from the City of Fairhope. BFI WASTE SERVICES, Mobile, AL —PART A: Hauling Household Refuse to Timberlands Landfill at $10.00 per ton PART B: Tipping Fee plus Hauling Fee to Timberlands Landfill at $28.00 per ton PART C: Tipping Fee Only to Timberland Landfill at $18.00 per ton *TOTAL OF PART —A & PART — C: Price: $28.00 *Haul is $10.00 Ton and Tipping Fee is $28.00 ton **Only good if includes disposal to Timberlands Landfill 3334 27 May 2004 BALDWIN COUNTY SOLID WASTE, Summerdale, AL PART A: NO RESPONSE PART B: Tipping Fee plus Hauling Fee to Baldwin County (Magnolia) Landfill at $24.00 per ton Note: $24.00 ton — 18' year $25.00 ton — 2"d year $26.00 ton — 3'd year PART C: NO RESPONSE TOTAL OF PART -A & PART —B Total Cost $24.00 per ton* $24.00 ton — 16' year $25.00 ton — 2"d year $26.00 ton — 3'd year CITY OF FAIRHOPE PUBLIC WORKS DEPARTMENT Submitted by: Jennifer Fidler PART A: Hauling Household Refuse to Baldwin County (Magnolia) Landfill at $5.00 per ton PART B: Tipping Fee plus Hauling Fee to Baldwin County (Magnolia) Landfill at 35.00 per ton PART C: Tipping Fee Only to Baldwin County (Magnolia) Landfill at $30.00 per ton TOTAL OF PART —A & PART —B: Total Cost $35.00 Ton Jennifer Fidler, Director of Public Works, recommended that the City approve the bid that the County gave contingent upon our attorney's comments and that if, by chance, we need transportation services for hauling of the landfill material, the County supply the means to do the transportation in the terms supplied in their bid. City Attorney, Marion "Tut" Wynne recommended the following solid waste amendment to the contract: 5. The parties anticipate that the City will transport all accumulated household refuse to the landfill. However, if because of equipment failure or other reasons that the City is unable to do so, the County will transport all accumulated household refuse to the landfill pursuant to the bid specifications until the City is able to resume transportation. 6. (a) add phrase "subject to the terms in paragraph above" or (b) delete #6 in contract. 3335 27 May 2004 Mr. Wynne further recommended to take out "per bid specification' and include "at no extra cost for hauling." Councilmember Anders moved to accept the low bid and signed contract of Baldwin County Solid Waste, Summerdale, Alabama. Seconded by Councilmember Quinn, motion passed unanimously. There being no further business to come before the City Council the meeting was duly adjourned at 6:54 p.m.