October 11, 2006 Report

Approval of Agenda

Declaration of Interest

Ceremonial Activities
3.1 Presentation of the 2006 Trillium Awards

Minutes of the meeting of City Council held on:
4.1 September 27, 2006

Communications

5.1 Correspondencefrom the Honourable Minister of Community and Social Services, MadeleineMeilleur in response to the City's letter respecting transportation costs forrecipients of social assistance .
Recommendation: Be received.

5.2 Correspondence from the Honourable Minister of Health and Long Term Care, George Smitherman respecting health reform plan
Recommendation: Be received

5.3 Emailtransmission from the Honourable Minister of Municipal Affairs and Housing, JohnGerretsen respecting Provincial-Territorial Meeting onInfrastructure
Recommendation: Be received

5.4 Correspondence from R.C. Glass and Leo Laviolette, Standard Condominium Corp. 400 respecting Parking on Creekside Drive in Dundas
Recommendation: Be received and referred to the General Manager of Planning and Economic Development for a report to the Planning and Economic Development Committee

Samson: “This particular matter was brought to my office I guess at the same time as your office. We dealt with it first. We had planning and economic development research it. This particular development predates amalgamation. The decisions were made by the Dundas council I guess back in the late nineties, and I think relayed to the writers of the letter. And there was a suggestion that they contact Mr Hazell in parking control to see whether or not there was anything that could be done about it. And my understanding is that's where it's at now. So I think any report from planning and economic development would just be redundant because there's already been a report done and they have it. So I'm suggesting just receive it.” Seconded by Pearson . Carried.

5.5 Correspondence from Beverly Briscoe, Clerk-Treasurer, Township of Admaston Bromley respecting Ontario Disaster Relief Assistance Program
Recommendation: Be endorsed

Whitehead says this should be supported “in the context of the tornado in Hamilton and the floods that we experienced”. Moved and seconded by Samson and approved that it be endorsed.

5.6 Correspondence from MaryLynn West-Moynes, President, Mohawk College respecting formal partnership with Robert Land Community Association and YMCA Hamilton/Burlington
Recommendation: Be received

Morelli: “…I don't think we should let this go by without some recognition. It refers to the Mohawk College of Applied Arts and Technology participating with the Keith Neighbourhood. … the area below the tracks between Wentworth and Sherman and obviously maybe over as far as Victoria. In any event there's been a number of activities going on over the last ten years … a very inner city type neighbourhood obviously with many families that sometimes are marginalized. And as we know education is probably the one type response that can help solve many issues in society and here we have a community that's obviously faced crisis in the past, and obviously has some difficulties, but this is a very good news story – one of which encompasses so many things that many of us around this table worked so hard to bring about. I know that councillor McHattie will talk about the Hamilton roundtable which is the most recent synergistic case, but the partnership has been formed throughout the years, with both the councillor as well as the Y, the Rotary – all these groups come together – the mom's group – to provide a community which provides a future. And so at this juncture Mohawk College has come forward with all its talents and time with respect to staff and students, alumni and retirees. I can tell you they've already begun to do this. And they are going to be doing such things as classroom makeovers as we takeover the school down there, that we bought, the Robert Land School. They'll be delivering educational operational programs in partnership and certainly will continue with raising the community centre profile within the neighbourhood because in that particular instance … is a critical piece and is often … to the neighbourhood. I want to take this opportunity to bring it to the attention of council, because obviously many of you may look down the road to see where this wonderful experience can be duplicated elsewhere and to take this opportunity to salute Mohawk, which has now joined the tremendous partnership that's been forged down there for the past fifteen years. And I think not only is a benefit to that neighbourhood, but inevitably to produce people in the sense of help develop people so that they'll be greater members of our society. So I just want to be sure that everyone's aware of that and express my gratitude to Mohawk for joining the group.” Di Ianni: “Thank you very much. Well done. Councillor McHattie?” [4:34] McHattie: “Just briefly… I have the honour of serving on the roundtable on poverty on council's behalf and we had a presentation from Mohawk College at our last roundtable meeting on this project. And it really is, as councillor Morelli says, it really is a synergistic effect to assist in that neighbourhood. And Mohawk acknowledges all the work that's been done in the past ten years – councillor Morelli's work and others in the community, particularly the members of the community – the role that they're playing is critical. So I just wanted to identify Mohawk's contribution in the last six months, a year or so, which has really crystalized some of the changes that are taking place there – building on what's occurred in the past and really an example of the kinds of synergies that we hope the roundtable will create as it carries on. So very positive steps. Thanks to Mohawk and everybody else.” … Whitehead notes that there are members of Mohawk in the audience.

5.7 Correspondencefrom Dennis Darby, Chair, Stewardship Ontario and Gemma Zecchini, Chair, WasteDiversion Ontario respecting Second Quarterly Installment Payment of 2006Stewardship Ontario Funding – Investing with Municipalities in Blue BoxRecycling Program
Recommendation: Be received

5.8 Correspondencefrom The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage Trustrespecting 2006 Heritage Community Recognition
Recommendation: Be received and referred to the Municipal Heritage Committee for consideration.

All consent items approved as amended. [6:09]

Committee Reports

6.1  Public Works, Infrastructure and Environment Committee Report 06-014, October 2, 2006

1. Recreation opportunities and amenities in the east harbour (delegation by Jim Howlett) (Item 6.2)

That staff prepare a capital budget submission for the 2007 Budget process in consultation with all affected stakeholders including but not limited to the Hamilton Beach Preservation Committee, the Hamilton Waterfront Trust, the Hamilton Conservation Authority, the Hamilton Port Authority and the Ministry of Transportation with respect to the Hamilton Beach Preservation Committee's proposal to link the Hamilton harbour to the beach strip by building a trail under the Skyway Bridge.

Collins asks to amend item 1's wording from “under the skyway bridge” to “along Eastport Drive”. He continues… “I want to thank Scott Hawley and Jim Howlett who were in public works committee the other day to present a concept and a plan that really looks at increasing accessibility to the harbour – specifically the east harbour. And I know we've all supported around this table, almost unanimously, increasing accessibility in the east and west harbours. And we're doing tremendous things around the harbour. And the plan that's come forward from the Beach Preservation Committee, I think is one that will further us in our endeavours as to increasing that accessibility. And those two gentlemen should be commended, as should the other executive members of the Preservation Committee … this is asking council to consider this project in the 2007 budget process and I'm hoping that everyone can support not only the amendment, but the project when it comes forward next year.” Di Ianni : “It is a great project and Jim has been involved for many many years and I'm sure the other gentleman as well – good people, both.” Jackson seconds the amendment. Motion carried.

…

7. Traffic Island Beautification (New Business)

(a) That staff include in the 2007 budget proposals, as part of the Keep Hamilton Blooming beautification program the re-establishment of traffic island flower beds at the following locations:

(i) King Street East/Kenilworth Avenue

(ii) Queenston Traffic Circle

(iii) Centennial Parkway gateway south of the Queen Elizabeth Way

(b) That a pro-active approach be taken to continue the beautification of traffic islands through budget allocation, sponsorship and donations.

(c) Notwithstanding the list of locations outlined in subsection (a) that a global approach be undertaken throughout the entire City when considering the re-establishment of the beautification program.

Merulla : “This does tie into councillor Jackson's motion with respect to the beautification of islands … So councillor Collins and I had the opportunity to meet with the Bartonville business association and this was their recommendation which we had endorsed at public works. I do want to move forward [8:38]…” Whitehead: “I recognize that councillor Jackson moved a motion to take a look at this for the 2007 budget process and I second that particular motion. And I wanted to announce that there are some partnerships out there. I met with Effort Trust who are very interested in creating a gateway greening program on Mohawk as you enter into ward 8. So I think there's real possibilities here, knowing partnership but certainly to start moving again on our medians.” … Kelly: “Certainly I'll be supporting this as well. And I recall the conversation we had. … I think each and every one of us certainly had examples around the city where we'd like to see this. I'm just wondering, with that conversation in mind, in light of councillor Jackson's motion from last time – in part (b) there it says a proactive approach be taken to continue the beautification. I'm wondering if we might want to make that word expand instead of continue, and I understand that that's somewhat covered in part (c) where they talk about a global approach to it. But I think we do have consensus, at least around this table, that we'd like to see staff at least look at expanding this program, getting it back to where we were. Again I don't want to start getting into the ward seven stuff, but look at Limeridge Mall and places like that that used to have flowerbeds and no longer do. So I think an expansion is something we may want to consider. So I'll throw that out there as a friendly amendment… my amendment would be that a proactive approach be taken to expand the beautification …” Di Ianni rules that it changes the motion so it isn't a friendly amendment but it's seconded by Whitehead and carried. Report of PWIE is adopted. [11:15]

6.2 Planningand Economic Development Committee Report 06-017, October 3,2006

The next report is the planning and economic development report and it's the 17 th report. Motions 1 to 9 are all carried

DiIanni : C Bratina, I understand you have a motion to reconsider items specific to 11.4 in respect to 260 King St East. Please go ahead.

Bratina : Moved my myself, 2 nd by C. Bruckler First that the rules of order be waived to allow the introduction of the motion to reconsider item 2 report 06-003 respecting demolition.

DiIann i: All in favour of waiving the rules. It's carried. Go ahead

Bratin a: Moved by myself 2 nd by C. Bruckler that item 2, Planning and Economic Development Report 06-003 respecting demolition permit to 260 King St. East as approved by council on March 1- 2006 be reconsidered.

DiIanni: You've taken this through staff, who are aware of this?

Bratina : Yes

DiIanni: All in favour of that? That's carried.

Bratina: Thanks. Finally moved by myself and 2 nd by C. Bruckler. Whereas the council on March 1 approved the demolition permit subject to certain conditions, and whereas these financial and time-specific conditions are no longer deemed necessary since the new building has secured funding from the federal and provincial governments, demolition has taken place, a building permit issued and construction now commenced, now therefore the council of the city and [?access?] follows that subsection A to E of item 2, Report 06-003 respecting demolition permit for 260 King Street East in Hamilton be deleted in entirety.

DiIanni : All in favour of that? That's carried. C. Pearson. A report on the motion as amended.

Pearson : Moved by myself. 2 nd by C. Mitchell that the 17 th report of the Planning and Economic Development Committee be adopted as amended and information received.

6.3 CommunityServices Committee Report 06-009, October 10, 2006 (to be distributed)

  DiIann i: All in favour? That's carried. The next report is community services- its 9 th report and it recommends item #1. [Carried]

Samson: Moved by myself, 2 nd by C. Jackson regards to the Little Africa plaque- item 2 Community Services Ccommittee report 06-09 be referred back to the Hamilton Historical Board's joint plaquing sub-committee to allow for further consultation with the Black History Committee, the African Workers Project Committee and other historians of African descent re the Little Africa plaque and report back to the Community Services Committee.

DiIanni : All in favour? That's Carried, Item 3, 4, 5. C. Jackson

Jackson : Moved my myself and 2 nd by C. Kelly that the 9 th report of the Community Services Committee be adopted as amended and the information section received.

6.4 Selection Committee Report 06-001, October 5, 2006 (to be distributed)

DiIanni: All in favour? That's carried. Next report is the Selection Committee Report. Item #1. C. Bruckler

Bruckler : Moved by myself and 2 nd by C. Jackson that the first report of the Selection Committee be adopted and the information section received.

Motions

7.1  Declaration of Surplus Land/Sale of Land/Offer to Purchase - 0 Pleasant Avenue, Block 57 on Plan 62M-727 in the former Town of Dundas

DiIanni : All in favour? That's carried. We are now into motions. The first is 7-1- sale/purchase land

Samson : Moved by myself, 2 nd by C. Whitehead. Can we take it as read?

DiIanni: Yes. All in favour? That's carried. 7-2 Installation of wind turbines.

McHattie: The committee will recall we had a presentation by Greenfield Energy and they put forth a proposal to install up to 150 wind turbines, vertical access across the city on city property to help us with- to test out and try out the new wind turbines and also for us to try out our interests in alternative energy. The staff would like the authorization to have one of these turbines installed in the short term so it can be tested out before the whole 150 are placed throughout the city. So that's a little bit different direction than we gave them originally in our August 9 th proposal , so I have a reconsider motion. Moved by myself, 2 nd by C. McCarthy to reconsider our previous direction, to have staff go ahead and start working with Greenfield and start installing the wind turbines.

DiIanni : We need a 2/3 majority for this. All in favour? Against? So that carries.

McHattie : the 2 nd motion is to provide staff with the ability to install, maintain and test a turbine with Greenfield Energy on one of the city's buildings. So we can undertake that test and carry on as we did before with a little sub-committee with myself and C. Whitehead to continue working with staff on this and come back to council with the results of that test.

DiIanni : All in favour? That's carried.

Mc Carthy : This has been dealt with at length by both council and city staff. And the federal govt. to reach these agreements, and hopefully it's the end of it now. All the agreements have been reached, all the work has been done and the [?whistle?] we thought was going to be stopped quite some time ago still continues. So hopefully this is the final nail in the coffin. Moved by myself, 2 nd by C. McHattie.

DiIannie : All in favour? That's carried.

Bratina: I have a motion re the Community Health Service at Beasley that I'd like to introduce.

DiIanni : That's a notice of motion or a motion?

Bratina : I'd like to bring this motion forward.

DiIanni: So you'd need a motion to waive the rules first?

DiIanni : Moved by C. Merulla, 2 nd by C. McHattie. All in favour? Carried.

Bratina: It was well publicized recently that the Community Health Service to the Beasley neighbourhood was discontinued. I asked for a review of the situation and it appears there are some inequities and [?different- difficult?] information that was presented. In the review process 17 communitiy stakeholders were invited to participate. Only 10 were interviewed, and I don't see any on the list that would be specific to the Beasley neighbourhood. Secondly, the statement was made that the centre would not be opening until 3 p.m. that there would be no place for clients to wait during inclement weather. The Hess location, there's no protection there. This is particularly disturbing. The highest number of clients visits on the bus have been seen at the Hess St. School – 433 in 2004. At the Beasley Centre in 2005, there were 220. The Hess St. was a full day. The Beasley was a half day.

DiIanni : So you're getting into the justification for the motion? We haven't heard the motion yet.

Bratina : Those are the whereases. Moved by myself. 2ng by C. Merulla that the half day service on Mondays at as per the previous community health bus scheduled to Beasley be immediately reinstated.

I would say this would not affect any of the new services- there's a new Riverdale service and it would cut back on Wesley and this was the previous situation. I can't imagine that a mother would want to take her child on some of the very bad days to Wesley Centre to stand and wait for dental service, or walk all the way to Union Station where the SISO location is.

Whitehead: I'm glad that C. Bratina, which doesn't surprise me a champion to congratulate C Bratina and Merulla for moving and seconding the motion. I heard in Ward 8 how disgusted they were that the city would pull their health bus out and the first question that was asked of me was what was I doing about it. I indicated that I would support any motion C. Bratina brings forward, and I'm still doing that today.

Jackson: I support what C. Bratina and Merulla have done and equally disturbing and are there any other. to have a very healthy debate on Oct. 23 at the next Bd. Of Health. But this again points to a bit of a disturbing pattern in terms of process and the lack of consultation from public health vis-a-vis Board of Health and the community. We [..?] them last time which culminated in the Legionnella and we really need to address this so all of us are not being embarrassed by some mid-staff level decisions without full consultation.

DiIanni : We will get to that in due course. All in favour? That's carried.

Mitchell : Just one friendly amendment. Alexandra Rawlings is clerk for planning and does a fabulous job of recording our general information section, and on 11.6, I spoke on that issue I spoke on Mt Hope and Winona. So I'd like to have the word Winona added in there please.

DiIanni : so you're going back to the planning and economic development reports and ..

Mitchell : under general information – yes. And when I speak of Ward 11, I speak of Winona, Binbrook, Mt. Hope, and Winona needs to be listed under 11.6 general information.

DiIanni: Staff will record that. Do we need to…

Mitchell: Friendly amendment.

Whitehead . I have a motion to report, but I need the rules waived. Moved by myself, 2 nd by C. Jackson to waive the rules allow the introduction of a motion in respect to the re-naming of the [?Arcade?] Park to the Mel Bailey Park

DiIanni : All in favour of waiving the rules? That's carried.

Whitehead : the motion is that the name Arcade Park, located at [?] Arcade Dive in Ward 8 be changed to Mel Bailey Park. It was the naming committee that made that recommendation and there wasn't a [?SPand B?] meeting for it to come forward to. So I don't want to miss this cycle of council. so I've asked it to move forward today because it has the support of the re-naming committee. As we know the Rev. Bailey grew up in Hamilton, the home of his future ministry and he's called the grand old man of historical societies and was named first recipient of the first lifetime achievement presented by the Ont. Heritage Foundation, active as a member and in support of the community of Hess St. for nearly 40 years. Mel served as a secretary of the committee and advised its convenors and recently judged the congressional histories and recommended which should receive the prizes. Appointed archivist in 1985, Mel Bailey saw the archives grow from a few boxes to the fine professional facility we have today. Our appt. of [..?..} and advisor. Mel was also a strong worker supporter of the national Presbyterian Museum, tirelessly helping the Rev John A. Johnson in the work there. Pastor and founder of Southgate Church in Hamilton, his work in the city and presbytery and synod, will be remembered for many years to come.

Jackson : From the facilities naming committee. Because of the procedural time frames in this last month of council, that the committee unanimously with the members that were there endorse the staff recommendation to move forward on this. Admit the policy, admit the guidelines that C. Whitehead has done his due diligence in consulting with the family and the community and has met all the criteria. So that is why we strongly support it being brought here to-night.

Notices of Motion

Statements by Members

DiIanni: All in favour? Carried. Are there any others? Seeing none and disengage cable 14, members of council are there any items of interest.

Samson : Two items of interest for the [..?..] of Dundas which supports the Roots organization of Dundas which supports the youth, run by the Salvation Army . There's a scrap metal drive this Saturday and if you have donations, you can bring them behind the [..?..] arena.

Whitehead . I want to announce that Hamilton is having a tree planting at Schwenger Park. That's off Octaviano. Schwenger Park. I welcome all the residents of Ward 8 to join us in planting trees.

Mitchell : I want to thank C. McHattie for his leadership in Trees Across Hamilton. This Sat. morning at 10 o'clock with the Binbrook Conservation area and the Glanbrook conservation committee, chaired by Andy Fevez who is our appointment to the Niagara Conservation Authority. That tree planting, and I look forward to seeing those committee members out for the transplanting

McHattie : The Trees Across Hamilton Ward 1 planting is also this Saturday at Highland Gardens Park . C. Merulla is kind of shy and also doesn't always announce things, but he's got a planting too this Saturday at 10 o'clock at the Red Hill bowl in the Red Hill Valley area - planting with C. Merulla.

Kelly : Last Sat. was Hamilton Day at Queen's Pk and both yourself (Mr. Mayor) and C. McCarthy joined us.- . We had a very fruitful meeting with the area MPPs – Dr. Bountrogianni, Judy Marsales and Ted McMeekin. We talked about many city issues and we also had some fruitful discussions with ministers of the prov. Government- Municipal affairs and housing David Gerretson, infrastructure minister David Caplan, good and services Min Marilyn Chambers too. We talked about the day care program and the funding for that and some of the shortfalls in some of the programs that we've experienced and talked about a committee. We also met with some senior staff there in the finance dept., economic development and most importantly I think in the short term, minister from health and long term care and the main idea we wanted to discuss with them was the doctor shortage in this community. We wanted to make this one of the main focus points when we met with them The good news in the short term is that they are reconsidering our request now, which we had hoped that they would do, but more importantly they are using a new set of criteria now re evaluation of this request, so instead of looking at the same material as they did a couple of years ago, they now use a different set, and it is the same process they followed in Kitchener/Waterloo several months ago. KW is in the same boat as we were when they were actually de-certified as a needing community . They apply this new criteria to them and they are back on the list If we get this certification as an underserviced medical community, It's good news for 2 reasons

First we get funding from the Prov. Govt. to start recruiting these doctors. The other thing about this that might pay some very fruitful dividends in the short term is that at McMaster we have a number of off-shore students that are training being in the medical profession. Part of the deal is the completion of their work at McMaster. They have to stay and work in this country for some years, but they can't stay in Hamilton as we are not deemed an underserviced medical area. A number of them have already expressed. a desire to stay here. So if we do get this designation, a number of those doctors that will be graduating have already indicated they would like to stay here, so there's a short and long term benefit to this. The Ministry tells us that we should get word on this by the end of this month or by early Nov. It's good news and we are very glad to hear that.

McCarthy : Re the issue of the new criteria. It's a billing system now that's being applied to this community which should put us now identified as an underserviced area. What was once looked at in terms of the what were here – it was a red herring, since most of them are teaching – they are not dealing with patients. They are in the medical field, which qualified them for the list, but they are not assisting our patient needs. So the new criteria now re the billing process and the volume of people that are being serviced, not just here, but coming into the community hold us in good stead now.

Whitehead : ( much listing of committees he sits on ) I have raised that that should be one of the priorities. At a meeting this morning there are a lot of doctors about to retire, so every time we make some gains, we may have some losses. But the good news from the physician recruitment committee is that there are 34 doctors that have been recruited, 14 directly to the physician recruitment initiative in process.

That represents about 25.000 patients in service today that wouldn't have had service otherwise. So there is some good work being by the physician recruitment team , and I congratulate the Hamilton Day Committee for taking the challenge and bringing it to the Ministry's attention

DiIanni : I thank C McCarthy and Kelly for helping establish this process It was very fruitful. It pays to sit face to face across from decision makers and express our views.

Jackson : re beautification with the traffic island program and our Trillium Award winners, and our fabulous Chrysanthemum show. It's in 75,000 blooms at the Gage Pk. Greenhouses. I encourage citizens and visitors to visit. The volunteers's committee has done a yeoman's job with our staff to put on a great shos w It's from Oct. 20 to 29 th at Gage Pk in Ward 3.

[..?..]] I attended the Bulldog's game, where I represented you and had the pleasure to present a plaque on behalf of city council to Mr. Bill Stirrup.

DiIanni : ( reminiscense re Bill Stirrup)

Bratina : I'm inviting everyone to the bi-weekly downtown James Street artists crawl. All the new art shops will be open with special displays and we've made arrangements for members of the Hamilton Police Service to be present as well – to bring back the feeling of street animation and safety and security. A number of measures have applied to police activity to make sure we have a safe downtown to enjoy. That's on display this Friday night.

Braden : [36:24] Mr Mayor, if I can ask through you to the clerk. I'd like to know who is responsible for monitoring the use of city facilities, city car, city driver, city personnel during regular office hours, if it appears that they're being used for a particular campaign?

Clerk : Mr Mayor, if there is an alleged violation that someone feels, a knowledgeable elector would make application to the city clerk's office and it would be forwarded to the compliance audit committee – the one that council established.

Braden : …I think these things are better dealt with now. I was at a mayor's debate, couple of weeks ago, the mayor was there, I was there, candidate Eisenberger was there, and a member of the city personnel was there who I believe is in the mayor's office. And this is during normal working days. So I need to know if a councillor can – I don't really want to bring a formal complaint – but I think that these things need to be dealt with and they need to be gotten rid of, because we don't need these kinds of concerns. So how can these things be cleared up now, rather than waiting?

Clerk begins to answer but is cut off by DiIanni : I should answer that, since it's addressed to me. And has concerns over the use of city vehicle, or city staff for that matter, I'll be pleased to respond to that. Let me deal with that, and you've asked directly. Um, I'm very careful and I have been careful, and my staff has very strict instructions around the use of their time, especially staff that is being paid for out of my office budget. I'm very careful as well, understanding fully that I'm mayor 24/7. Even when I'm campaigning, I'm the mayor, but I try to distinguish very carefully the campaign from my role and my duties as mayor. Sometimes there is overlap, but I've been very careful to outline both to my staff, and have taken some steps to ensure that in fact staff working my campaign are no longer on the payroll of the city. And that includes two members of my staff – one of whom has been off since the summer; one of whom has been off since last week of September – not on the city payroll. And, and that is verifiable. The debate that you talk about and, and cable 14, in fact I did have one of my communications staff with me – not in the studio – as always happens whenever I as a mayor attend to the studio, was waiting outside because we had a session right after that. Members of the media were there, at HECFI. That was the day that HECFI unveiled its fall lineup. So we went from that studio to a mayor's duty – albeit ceremonial – during the HECFI, um, commitment. And, and in fact I can tell you that I am logging – understanding that I do have a city vehicle at my disposal – I am logging the kilometres that I travel when I go to campaign events. So last night at the debate, for example, both in Clappison's Corners and Rockton, was a total of 26 kilometres one way, double that both ways, that will come out of the campaign funds, not out of city coffers. So I'm being very careful in terms of staff and in terms of what I do as a mayor during the campaign. People who ran for mayor I understand did that, but I'm being very, very careful.

Braden : I appreciate the answer. I just, I raise this because in fact I actually did something I shouldn't do either, and that was I had my assistant call – and I'm also pretty careful about this, particular with other people's time and money and vehicles. But I asked my assistant to actually call somebody from here, just a telephone call, and I was caught at it. And I thought, shoot, I really try not to do that. And the reason I ask is because it's much better to clarify these things now, and it's much better for all of us to be careful. Merely because I'm out of the race doesn't make it just sort of easy for me, because in fact, a reporter caught me straight off cause that, my assistant, who shouldn't have done it, but I mean he's going to do what I ask him to do, made a call to a person that's in the press. And that in fact is very tempting to do, and I didn't realize that it was wrong. So I raise the issue because everybody will be better off, I believe, by raising the issue. Thank you.

DiIanni : No it's a good issue to raise and I'm glad that I was able to explain the situation I've set up. Thank you.

[41:39]

Private and Confidential Items

10.1 Litigation Matter – Verbal Report

By-laws

Adjournment