MINUTES

DEVELOPMENT SERVICES COMMITTEE

2007-11-06

Meeting No. 30

All Members of Council

Development Services                                                                 Economic Development

Chair:              Regional Councillor J. Jones                                                                   Chair:              Regional Councillor T. Wong

Vice-Chair:      Councillor J. Webster                                                                             Transportation Issues

                                                                                                                                        Chair:          Regional Councillor G. Landon

 

 

PART B

Report Agenda

9:00 a.m. – Council Chamber

 

Attendance

Mayor F. Scarpitti

Deputy Mayor J. Jones

Regional Councillor J. Heath

Regional Councillor T. Wong

Regional Councillor G. Landon

Councillor V. Burke

Councillor E. Shapero

Councillor J. Virgilio

Councillor C. Moretti

Councillor J. Webster

Councillor D. Horchik

Councillor L. Kanapathi

Councillor A. Chiu

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

S. Bordone, Planner

M. Boyce, Senior Policy Coordinator

S. Chait, Director, Economic Development

D. Ciastko, Senior Economic Development Officer

R. Hutcheson, Manager, Heritage Planning

T. Lambe, Manager, Policy and Research

V. Shuttleworth, Director of Planning and Urban Design

A. Tari, Committee Clerk

 

 

The Development Services Committee convened at the hour of 9:00 a.m. in the Council Chamber with Councillor J. Webster in the Chair.  Regional Councillor T. Wong assumed the Chair for Economic Development items, Nos. 20 & 21.

 

 

DISCLOSURE OF PECUNIARY INTEREST

 

Councillor C. Moretti disclosed an interest with respect to Item 17, as her son works for Fieldgate Developments and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

 

 

 

1.         DEVELOPMENT SERVICES COMMITTEE MINUTES
- October 16, 2007, Part B (10.0)

            Minutes

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Heath

 

That the minutes of the Development Services Committee meeting, Part B, held October 16, 2007, be confirmed.

CARRIED

 

 

 

2.         DEVELOPMENT SERVICES PUBLIC MEETING MINUTES
- October 2, 2007 (10.0)

            Minutes

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Heath

 

That the minutes of the Development Services Public Meeting, held October 2, 2007, be confirmed.

CARRIED

 

 

 

3.         HERITAGE MARKHAM COMMITTEE MINUTES
            - September 12, 2007
            - October 10, 2007 (16.11)

            Sept 12   Oct 10

 

Staff agreed to report back to Committee with respect to the building permit for 52 Nelson Street, Markham Village.  Staff advised building permits can not be issued until required minor variances and site plan applications are obtained.

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Heath

 

That the minutes of the Heritage Markham Committee meetings held on September 12, 2007 and October 10, 2007, be received.

CARRIED

 

 

 

 

 

 

4.         MAIN STREET MARKHAM COMMITTEE MINUTES
            - September 19, 2007 (16.39)

            Minutes

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Heath

 

That the minutes of the Main Street Markham Committee meeting held on September 19, 2007, be received.

CARRIED

 

 

 

5.         MAKE IT HAPPEN TASK FORCE MINUTES
- October 2, 2007 (10.0)

            Minutes

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Heath

 

That the minutes of the Make it Happen Task Force meeting held on October 2, 2007 be received.

CARRIED

 

 

 

6.         MINUTES – CORNELL ADVISORY GROUP
            - June 18, 2007
            - September 17, 2007 (16.34)

            June 18  Sept 17

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Heath

 

That the minutes of the Cornell Advisory Group meetings held on June 18, 2007 and September 17, 2007, be received.

CARRRIED

 

 

 

 

 

 

 

 

 

 

7.         REPORT ON INCOMING PLANNING APPLICATIONS
            FOR THE PERIOD OF SEPTEMBER 5, 2007 TO OCTOBER 5, 2007 (10.0)

            Report

 

Staff advised they will ensure the two Telecommunications applications on Reesor Road are referred to the Rouge Park Alliance for comments.  Committee requested that future reports on this issue indicate whether an application will come forward to a Development Services Committee meeting (Part A).

 

Moved by Regional Councillor J. Heath

Seconded by Councillor D. Horchik

 

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of September 5, 2007 to October 5, 2007” and direct staff to process the applications in accordance with the route outlined in the report save and except the four telecommunication applications, Telus Telecommunications Facility (SC 07 128304, SC 07 128821, SC 07 129306) and Telus Mobility (SC 07 129393) to move (bump up) from a staff approval route to the Committee approval route.

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

 

8.         DELEGATED APPROVALS REPORT (10.0)

            Report

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Heath

 

That Council be advised that in accordance with Delegation By-law 2002-202, and additional site specific delegations authorized by Development Services Committee, the Commissioner of Development Services or the Director of Planning and Urban Design have approved applications listed in the report dated November 6, 2007.

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

 

 

 

 

 

 

9.         INTENTION TO DESIGNATE
            UNDER PART IV OF THE ONTARIO HERITAGE ACT
            AND HERITAGE EASEMENT AGREEMENT
            TOMLINSON HOUSE AND STORE
            8953 WOODBINE AVENUE
            WALKER AND MARCHAND HOLDINGS INC. (16.11.3)

            Report   Attachment

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Heath

 

That as recommended by Heritage Markham, the Tomlinson House and Store, and Craig Blacksmith Shop– 8953 Woodbine Avenue be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

 

That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act;

 

That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption;

 

That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

 

That the Mayor and Clerk be authorized to execute a Heritage Easement Agreement with the property owner, and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor.

 

And that staff be authorized and directed to do all things necessary to give effect to this resolution

CARRIED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10.       OAKCREST DEVELOPMENTS INC.
            ZONING BY-LAW AMENDMENT
            TO FACILITATE A SEVERANCE TO
            CREATE THREE (3) LOTS AT 4 OAKCREST AVENUE
            (ZA 07 125054) (10.5)

            Report  Attachment

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Heath

 

That the planning staff report dated November 6, 2007, entitled “Preliminary Report, Oakcrest Developments Inc., Zoning By-law Amendment application to facilitate a severance to create three (3) lots at 4 Oakcrest Avenue (ZA 07 125054)” be received;

 

And that staff be authorized to schedule a Public Meeting to consider the Zoning By-law Amendment application;

 

And that staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

11.       ACCEPTANCE FOR MAINTENANCE
            OF RESIDENTIAL SUBDIVISIONS
            REGISTERED PLAN NUMBERS 65M-2961,
            65R-15872, 65R-21937, 65M-3322, 65R-19336 PARTS 1 & 2
             65M-3513, 65M-3514, 65M-3731, 65M-3489, 65M-3490
            EXCEPT BLOCK 1, 65M-3491 EXCEPT BLOCK 1,
            65M-3488 EXCEPT BLOCKS 1,2,3 & 20, 65M-3721,
            65M-3546, 65M-3552, 65M-3581, 65M-3583,
            65M-3636, 65M-3763, 65M-3867 (10.7)

            Report  By-laws

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Heath

 

That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-2961, 65R-15872, 65R-21937, 65M-3322, 65R-19336 Parts 1 & 2, 65M-3513, 65M-3514, 65M-3731, 65M-3489, 65M-3490 except Block 1, 65M-3491 except Block 1, 65M-3488 except Blocks 1,2,3 & 20, 65M-3721, 65M-3546, 65M-3552, 65M-3581, 65M-3583, 65M-3636, 65M-3763, 65M-3867, dated November 6, 2007, be received;

 

And that the services in Subdivision Registered Plan Numbers 65M-2961, 65R-15872,, 65R-21937, 65M-3322, 65R-19336 Parts 1 & 2, 65M-3513, 65M-3514, 65M-3731, 65M-3489, 65M-3490 except Block 1, 65M-3491 except Block 1, 65M-3488 except Blocks 1,2,3 & 20, 65M-3721, 65M-3546, 65M-3552, 65M-3581, 65M-3583, 65M-3636, 65M-3763, 65M-3867 dated November 6, 2007  be Accepted for Maintenance;

 

And that by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham;

 

And that the Community Services Commission accept the responsibility for operating and maintaining the infrastructure within the subdivisions as part of the Town’s system;

 

And that acceptance of the subdivision be taken into consideration in future operating budgets;

 

And that the by-law to amend Schedule ‘12’ of Traffic By-law #106-71, by including compulsory stop to the indicated streets, be approved;

 

And that the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved;

 

And that the by-law to amend Schedule ‘F’ of the speed By-law # 105-71, by including a maximum speed of 50 kilometers per hour for the streets indicated, be approved;

 

And that the by-law to amend Schedule ‘C’ of the Parking By-law # 2005-188, by including no parking on the streets indicated, be approved;

CARRIED

 

 

12.       PROPOSED WINTER ENVIRONMENTAL
            ART EVENT FOR 2008 (6.5)

            Report

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Heath

 

That the report to Development Service Committee dated November 6, 2007 entitled “Proposed Winter Environmental Art Event for 2008” be received;

 

That staff and the Markham Public Art Advisory Committee undertake a “Winter Environmental Art Event” in February 2008 at Toogood Pond;

 

And that funding to a maximum of $20,000 be provided from Planning and Urban Design’s Capital Account #56-5350-5293-005, “Town Wide Public Art” for all costs associated with administering and implementing the “Winter Environmental Art Event”;

 

And that staff provide regular updates to Development Services Committee on the status of the 2008 Winter Environmental Art Event.

 

And further that staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

13.       MAKE IT HAPPEN TASK FORCE
            RECOMMENDATIONS (10.0)

            Report  Appendix A  Appendix B  Appendix C

 

Councillor D. Horchik individually thanked everyone involved with the Make It Happen Task Force and a special Thank you to Commissioner Jim Baird. 

 

The Committee and staff also extended many Thanks to the Mayor and everyone involved with the Make It Happen Task Force stating it was a great process which resulted in a lot of great ideas.

 

The Committee suggested the Commission of Development Services e-mail the report to all aspects of the development community such as consultants, developers, land owners who typically do not show up to the round table discussions for their opinions and/or suggestions.  Committee also suggested quarterly reporting to the Development Services Committee and at the Round Table discussion of the progress with respect to the  Make It Happen Task Force’s recommendations.

 

The Committee also acknowledged the excellent administrative support to the Task Force working group provided by Nathalie Orsi.

 

Moved by Councillor D. Horchik

Seconded by Mayor F. Scarpitti

 

That the Report dated November 6, 2007 entitled “Make it Happen Task Force Recommendations” be received and endorsed;

 

And that staff be authorized to develop action plans around the recommendations and process improvements, and provide regular progress reports to Development Services Committee;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

14.       SIGN VARIANCE 5995 MAJOR MACKENZIE DRIVE (2.16.2)

            Report  Attachment

 

Mr. Don Dussault representing Imperial Oil delivered a presentation with respect to their request to erect a second ground sign along the Highway 48 frontage.  Mr. Dussault advised the sign’s proposed location will be approximately 100 metres away from the current Tim Horton’s and Wendy’s sign.  He also advised the sign will be identical to the existing one on Major Mackenzie Drive with very basic information.  Mr. Dussault stated that this gas station is the first one in Markham providing full service, self service and handicap service but, currently has no advertisement along Markham Road for that.

 

 

Committee agreed that given the size and layout, and the full service, handicap service and self service, proper advertisement is essential on Highway 48.

 

Committee enquired if the Sign By-law currently accommodates for properties with larger frontages such as this one.  Staff advised the property can be potentially severed into two parcels allowing another sign on the property however currently the land is one parcel. 

 

Staff advised the overall direction for the Sign By-law was to control the amount of signage throughout the Town of Markham.  Based on Council direction staff will review the Sign By-law to consider properties such as this with multiple uses and larger frontages.

 

Moved by Regional Councillor G. Landon

Seconded by Mayor F. Scarpitti

 

That the ground sign variance, application # 07 115067, submitted by Cranford Developments Ltd., be granted to ensure sufficient advertisement for the full service station.

CARRIED

 

 

15.       DEMOLITION PERMIT APPLICATION 07 126093 DP
            HOUSE DEMOLITION
            STEVE MAINI (AGENT); LORENZO AND LENA CUOZZO (OWNERS)
            1 STATION STREET
            MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT (16.11.3)

            Report  Attachment

 

Staff advised the new landowners of 1 Station Street are considering development of Townhouses but, no formal application has been submitted.

 

Moved by Councillor J. Virgilio

Seconded by Councillor C. Moretti

 

That in accordance with the recommendation of Heritage Markham, Council grant the demolition permit application for the single detached house at 1 Station Street, on the basis that the house is of minor heritage significance in terms of its architectural, historical and contextual value;

 

That the applicant be requested to work with Town staff and Heritage Markham to discuss redevelopment options in keeping with the policies and guidelines of the Markham Village Heritage Conservation District Plan;

 

That the applicant be notified of Council’s decision as per the requirements of the Ontario Heritage Act;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

16.       DEMOLITION PERMIT APPLICATION 07 127018 DP
            SINGLE DETACHED DWELLING
            26 ALBERT STREET, MARKHAM
            MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT (16.11.3)

            Report  Attachment

 

Moved by Councillor J. Virgilio

Seconded by Councillor C. Moretti

 

That the correspondence from Mr. Rick Wannop requesting Development Services Committee defer the demolition application for 26 Albert Street be received;

 

And, that the applicant work together with the Town staff to further assess the condition of the building by permitting the removal of aluminum siding, front porch and rear lean-to and explore options of how the building could be reused including its potential use of a garage on its existing location with the addition of a new dwelling built elsewhere on the property;

 

And, that the demolition application 07 127018 for 26 Albert Street, Markham Village, Heritage Conservation District be deferred;

 

And, that it be noted that Rick Wannop, the owner of the property, has agreed with the above process and voluntarily agreed to suspend the ninety day review period specified in the Ontario Heritage Act."

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

17.       APPLICATION FOR SITE PLAN APPROVAL
            TO PERMIT A TELECOMMUNICATIONS TOWER
            AT THE SALVATION ARMY CHURCH SITE
            AT 9329 MCCOWAN ROAD
            ROGERS WIRELESS INC. (SC 05 020638) (10.3)

            Report  Attachment

 

Mr. Sal Crimi representing 16th McCowan Holding Ltd. addressed the Committee with respect to the proposed telecommunications tower location on the Salvation Army’s land.  He indicated his clients own the lands directly to the east and behind the Salvation Army.  Mr. Crimi expressed concerns with the telecommunications tower’s close proximity to future residential development and asked if alternative sites had been explored.

 

 

 

 

 

Staff advised many possible locations had been considered and that they had received feedback from the residents in subdivision west of McCowan Road who wanted to keep the tower as far away as possible from the existing homes.  Staff also advised that Industry Canada has to licence these structures and is the final approval body for telecommunication towers.

 

Ms. Terri Daniels, Rogers Wireless Inc. and Mr. Jack Hills, Rogers Wireless Inc. delivered a presentation regarding the proposed telecommunications tower.  Mr. Hills advised the Salvation Army has plans for future expansion and therefore requested the tower be moved further back on their property.  He also advised that the Region of York was approached but, were not interested having the telecommunications tower on their lands.  Ms. Daniels advised Rogers Wireless have worked together with Telus Telecommunications to design the flagpole style tower to accommodate both carriers as requested by the Town’s staff.

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Heath    

 

That the correspondence received from Sylvia Hall in objection to the application for a Telecommunications Tower at 9329 McCowan Road, be received;

 

And that the staff report entitled “Application for Site Plan Approval to permit a telecommunications tower at the Salvation Army Church site, 9329 McCowan Road, Rogers Wireless Inc., SC 05 020638” be received;

 

And that the presentation by Ms. Terri Daniels of Rogers Wireless Inc. and Mr. Jack Hills of Rogers Wireless Inc., regarding the proposed flagpole style telecommunications tower, be received;

 

And that the application for site plan approval be deferred;

 

And that the owner of the Salvation Army lands discuss other possible location options for the telecommunication tower with Town staff and the Committee.

CARRIED

 

 

18.       PROPOSED WORK PROGRAM FOR THE
            DIRECTED GROWTH STRATEGY
            LEADING TO A NEW OFFICIAL PLAN (10.0)

            Report  Attachment

 

Tim Lambe, Manager, Policy and Research delivered a PowerPoint presentation with respect to the proposed work program for the Directed Growth Strategy.

 

Staff advised additional analysis will be done with respect to growth options and that they anticipate presenting their recommendations to the Development Services Committee in the Spring 2008.

 

There was some discussion surrounding the current name “Directed Growth Strategy” and the potential establishment of a sub-committee.

 

There was discussion on Provincial and Regional Policies and the need for a Markham Directed Growth Strategy.  There was some concern with the level of financial and staff resources required to execute the Plan and whether or not it addresses the existing problems.  Staff advised that three contract positions were already approved in the 2007 Budget and another contract position is awaiting 2008 Budget approval.  Staff also advised there will be a significant amount of public consultation conducted as part of this process and that some studies are already underway with respect to intensification.  There is also a need for continued “partnership” with senior levels of government on funding and implementation issues.

 

Staff advised that the overall quantum of growth proposed by the Region for Markham does not seem unreasonable, although they are concerned with the amount of intensification potential, the expected employment growth and the housing stock options. 

 

The Committee suggested deletion of paragraph five from the recommendation.

 

Moved by Mayor F. Scarpitti

Seconded by Regional Councillor J. Heath

 

That the report entitled “Proposed Work Program for a Directed Growth Strategy Leading to a New Official Plan”, dated  November 6, 2007, be received;

 

And, that staff consider whether the development of a sub-committee would be beneficial  and what the mandate would be;

 

And, staff along with members of Committee consider altering the name to include the word future and incorporate that the Town of Markham is part of a Regional and Provincial Plan;

 

And That the Director of Planning and Urban Design be directed to proceed with the work program for a Directed Growth Strategy leading to a New Official Plan, as outlined in the report, including:

·        the project phases outlined,

·        arrangements for designing the consultation/communication program and completing the required studies,

·        arrangements for staffing and consultants, and,

·        analysis leading to recommendations for a preferred growth option,

subject to required budget approvals by Council;

 

And That Hemson Consulting Limited be retained as the preferred supplier to assist the Town in completing technical analyses for the growth forecasts, and for the development and evaluation of growth options, and related work, subject to required budget approvals by Council;

 

 

 

And That the 2008 Capital Budget requests to fund work relating to the preparation of a Directed Growth Strategy be approved through the ongoing budget process;

 

And That Staff report further, as necessary, in regard to individual components of the work program;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

19.       DIRECTED GROWTH STRATEGY
            AND OFFICIAL PLAN REVIEW
            – LEGISLATIVE REQUIREMENTS
            LEGAL FILE NO. 07 0411 LG 0057 (10.0, 10.3)

            Report

 

Staff advised the Province has the authority to amend the Town of Markham’s Official Plan if the Town does not conform.

 

Moved by Regional Councillor T. Wong

Seconded by Regional Councillor J. Heath

 

That the report entitled “Directed Growth Strategy and Official Plan Review- Legislative Requirements” be received.

CARRIED

 

 

20.       EDAC MARKETING CANADA AWARD WINNER
            – MARKHAM CENTRE WEBSITE (10.16)

            Report  Attachment

 

Regional Councillor T. Wong Congratulated John Livey, CAO and Jim Baird, Commissioner of Development Services with respect to the EDAC Marketing Canada Award Winners.

 

Stephen Chait, Director, Economic Development also Congratulated Darren Ciastko, Senior Economic Development Officer and his team with respect to their involvement in developing the Markham Centre website.

 

Moved by Councillor J. Webster

Seconded by Councillor L. Kanapathi

 

That the report entitled “EDAC Marketing Canada Award Winner – Markham Centre Website” be received for information

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

21.       PARTICIPATION IN THE
            RICHMOND HILL MARKHAM CHINESE BUSINESS
            ASSOCIATION/MARKHAM BOARD OF TRADE
            BUSINESS MISSION TO CHINA (10.16)

            Report  Attachment

 

There was considerable discussion with respect for the need for a second Town of Markham staff person to participate on this mission.  It was noted that this staff member will assist Town members as well as members of the Richmond Hill Markham Chinese Business Association and Markham Board of Trade.

 

Moved by Mayor F. Scarpitti

Seconded by Councillor J. Virgilio

 

That the report entitled “Markham’s Participation in the Richmond Hill Markham Chinese Business Association/Markham Board of Trade Mission to China” be received,

 

That the Town be represented by a four person delegation composed of the Mayor, the Chair of the Economic Development Committee, the Director of the Economic Development Department, and the Manager Special Projects, Economic Development,

 

And that the cost of the mission not exceed $42,000.00 and be expensed from within the proposed 2008 “China and India Investment Attraction Program” Capital Budget,

 

And Further that Council pre-approve the 2008 “China and India Investment Attraction Program” Capital Budget.

CARRIED

 

 

 

22.       PRESENTATION OF SERVICE AWARDS (12.2.6)

 

Guila Cukier, Circulation Supervisory, Thornhill Community Centre Library - 20 years

Yolanda Chan, Branch Manager, Milliken Mills Library - 15 years

Sylvia Cheung, Information Service Assistant, Unionville Library - 15 years

Catherine Ng, Circulation Clerk, Thornhill Community Centre Library - 10 years

Verna Gilchrist, Circulation Supervisor, Milliken Mills Library - 3 years

Moe Hosseini-Ara, Director, Service Excellent, Administration Centre - 3 years

 

 

 

 

 

23.       DENBY COURT PETITION AGAINST
            KENNEDY ROAD PROPOSED DIVIDER (5.0)

 

Staff will follow up with Engineering Department and report back with recommendations.

 

Moved by Mayor F. Scarpitti

Seconded by Councillor J. Virgilio

 

That the petition signed by the residents of Denby Court opposing the proposed divider along Kennedy Road be received and referred to staff and to Councillor Virgilio.

CARRIED

 

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 12:30 p.m.