NOTICE: - While reasonable efforts have been made to assure the accuracy of the data herein, this is NOT the official version of Senate Journal. It is published to provide information in a timely manner, but has not been proofread against the events of the session for this day. All information obtained from this source should be checked against a proofed copy of the Senate Journal.


UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Tuesday, November 13, 2007.

Met according to adjournment at one o’clock P.M. (Mr. Rosenberg in the Chair).

Petitions.

Mr. Pacheco presented a petition (accompanied by bill, Senate, No. 2410) of Marc R. Pacheco (by vote of the town) for legislation regarding the location of alcoholic beverage licenses in the town of Wareham [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Consumer Protection and Professional Licensure.
Sent to the House for concurrence.

Mr. Antonioni presented a petition (subject to Joint Rule 12) of Robert A. Antonioni and Robert L. Rice for legislation to establish a sick leave bank for Kevin J. Fitzgerald, an employee of the Department of Correction,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Ms. Spilka, for the committee on Children, Families and Persons with Disabilities, on petition, a Bill establishing a special commission to study essential health services in Massachusetts public schools (Senate, No. 100, changed in line 8 by adding after the word “care” the word “financing”; in line 10 by striking out the words “arts, and humanities healthcare”; in line 27 by adding after the word “care” the word “financing”; and in line 26 by striking out the words “, arts and humanities,”);
By the same Senator, for the same committee, on Senate, Nos. 80 and 82, a Bill providing for an investigation and study by a special commission to study the needs of the elderly blind and visually impaired citizens of the Commonwealth (Senate, No. 2408); and
By Ms. Resor, for the committee on Environment, Natural Resources and Agriculture, on petition, a Resolve relative to a special commission to study innovative methods for funding the conservation of forested wildlands and woodlands in the Commonwealth (Senate, No. 477);
Severally read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.

By Ms. Candaras, for the committee on Mental Health and Substance Abuse, on petition (accompanied by bill, House, No. 3881), a Bill relative to juvenile mental health (Senate, No. 2407);
Referred, under Joint Rule 1E, to the committee on Health Care Financing.

By Mr. Morrissey, for the committee on Consumer Protection and Professional Licensure, on petition (accompanied by bill, Senate, No. 200), a Bill further regulating the granting of temporary licenses for the sale of wines at auctions (Senate, No. 2405);
By Ms. Resor, for the committee on Environment, Natural Resources and Agriculture, on petition, a Bill, establishing the Quaboag and Ware River Valley Heritage District Commission (Senate, No. 469);
By the same Senator, for the same committee, on petition, a Bill providing fees to licensing authorities for deer tag processing (Senate, No. 531);
By the same Senator, for the same committee, on petition, a Bill regarding notification of oil and hazardous waste material release (Senate, No. 539, changed in line 11 by adding after the words “ninety-three A.” the following words “This subsection shall not apply to any person leasing a slip in a marina.”);
By the same Senator, for the same committee, on petition, a Bill relative to antique barometers (Senate, No. 2293);
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 542), a Bill relative to protecting the natural and historic resources of the Commonwealth (Senate, No. 2388);
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 474), a Bill clarifying certain farm commodities as agriculture in the Commonwealth (Senate, No. 2403);
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 538), a Bill to facilitate homeowner heating oil spill remediation (Senate, No. 2404);
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No, 558), a Bill for a healthy Massachusetts safer alternatives to toxic chemicals (Senate, No. 2406);
By Mr. Galluccio, for the committee on Public Service, on petition, a Bill relative to creditable service for maternity and paternity leave (Senate, No. 1514);
By the same Senator, for the same committee, on petition, a Bill relative to part-time higher education faculty eligibility in the state retirement system (Senate, No. 1517);
By the same Senator, for the same committee, on petition, a Bill relative to the retirement allowance for certain teachers (Senate, No. 1557);
By the same Senator, for the same committee, on petition, a Bill providing that the employees of the Committee for Public Counsel Services shall have collective bargaining rights under chapter 150e of the General Laws (Senate, No. 1562);
By the same Senator, for the same committee, on petition, a Bill extending creditable service for Peace Corps, Vista, Americorps and Teacher corps service (Senate, No. 1619);
By the same Senator, for the same committee, on Senate, Nos. 1502, 1530, 1631 and 1653 and House, Nos. 2422, 2430, 2530 and 2564, a Bill relative to nonpublic school service (Senate, No. 1631);
By the same Senator, for the same committee, on petition, a Bill to promote equity in pension benefits (Senate, No. 1672); and
By Mr. Joyce, for the committee on Tourism, Arts and Cultural Development, on petition, a Bill relative to the Randolph Public Library (Senate, No. 2396);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Moore, for the committee on Health Care Financing, on petition (accompanied by bill, printed as Senate, No. 1226), a Bill to ensure consumer choice of nurse practitioner services (Senate, No. 2399) [Estimated cost — $0];
By Mr. Petruccelli, for the committee on Municipalities and Regional Government, on petition, a Bill relative to the Dukes county land bank (Senate, No. 1180) [Local approval received]; and
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1194), a Bill relative to intermunicipal agreements (Senate, No. 2401);
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Committee Discharged.

Mr. Panagiotakos, for the committee on Ways and Means, reported, asking to be discharged from further consideration of the Senate Bill establishing financial hardship property tax interest relief (Senate, No. 1726),— and recommending that the same be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor recommending legislation relative to furthering the biofuels clean energy sector (House, No. 4364),— was referred, in concurrence, to the committee on Telecommunications, Utilities and Energy.

Bills
Relative to golf courses (House, No. 227,— on House, No. 285, in part);
To provide local property tax relief to nonprofit veteran organizations (House, No. 3045,— on petition); and
Relative to the assessment of taxes in the town of Uxbridge (House, No. 4345,— on a part of House, No. 4182);
Were severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Authorizing the appointment of certain persons as firefighters in the city of Fall River (House, No. 4089,— on petition) [Local approval received]; and
Authorizing the city of Salem to issue additional liquor licenses for the sale of alcoholic beverages (House, No. 4274,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Notice was received from the House announcing the following appointment:

That Representative Honan of Brighton has been appointed by the Speaker of the House to the Special Commission (under section 117 of Chapter 123 of the Acts of 2006) for the purpose of studying and making recommendations concerning the development of financial assets as a way to ensure that all people in the state of Massachusetts achieve long-term, sustainable, economic, security and self-sufficiency and enjoy the economic opportunity.

Recess.

There being no objection, at one minute past one o’clock P.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at eight minutes before two o’clock P.M., the Senate reassembled, the President in the Chair.

The President, members, guests and employees then recited the pledge of allegiance to the flag.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Tisei) “congratulating Robert H. Skelley IV on his receipt of the Stoneham Chamber of Commerce’s 2007 Stoneham Superstar Award”; and
Resolutions (filed by Mr. Tolman) “honoring Mat Thall.”

PAPER FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill relative to the annual observance of Leopold­ville Disaster Remembrance Day (see Senate, No. 1873, amended), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted in concurrence, by a vote of 14 to 0.
The bill was signed by the President and sent to the House for enactment.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill making an appropriation for the fiscal year 2008 to provide supplemental funding for a low income energy assistance program (printed in House, No. 4332, amended),— ought to pass, with an amendment striking out section 2B.
There being no objection, the rules were suspended, on motion of Mr. Panagiotakos, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
Messrs. Tisei, Joyce, Tarr, Knapik, Hedlund and Brown moved to amend the bill by inserting at the end thereof the following section:—
“SECTION 4, Notwithstanding any special or general law to the contrary no final regulations shall be issued under the authority provided the Attorney General pursuant to chapter 93A of the general laws relating to mortgage lending and the procurement, processing or arrangement of any loan by brokerage firms until the Commissioner of the Division of Banks has provided official notice of any proposed regulations to licensed mortgage lenders and mortgage brokers, nor shall such proposed regulations go into effect until 90 days after such official notice.”
After remarks, the question on adoption of the amendment was determined by a call of the yeas and nays, at two minutes past two o’clock P.M., on motion of Mr. Tarr, as follows, to wit (yeas 38 — nays 0) [Yeas and Nays No. 132]:

YEAS.
Antonioni, Robert A. McGee, Thomas M.
Augustus, Edward M., Jr. Menard, Joan M.
Baddour, Steven A. Montigny, Mark C.
Berry, Frederick E. Moore, Richard T.
Brewer, Stephen M. Morrissey, Michael W.
Brown, Scott P. O’Leary, Robert A.
Buoniconti, Stephen J. Pacheco, Marc R.
Candaras, Gale D. Panagiotakos, Steven C.
Chandler, Harriette L. Petruccelli, Anthony
Creedon, Robert S., Jr. Resor, Pamela
Creem, Cynthia Stone Rosenberg, Stanley C.
Downing, Benjamin B. Spilka, Karen E.
Fargo, Susan C. Tarr, Bruce E.
Galluccio, Anthony D. Timilty, James E.
Hart, John A., Jr. Tisei, Richard R.
Hedlund, Robert L. Tolman, Steven A.
Jehlen, Patricia D. Tucker, Susan C.
Joyce, Brian A. Walsh, Marian
Knapik, Michael R. Wilkerson, Dianne — 38.
NAYS — 0.

The yeas and nays having been completed at eight minutes past two o’clock P.M., the amendment was adopted.

Messrs. Tisei, Tarr, Knapik, Hedlund and Brown moved to amend the bill in section 2A, in item 7004-1000 by striking the figure “15,000,000” and inserting in place there of the following:— “25,000,000”.
After debate, the amendment was rejected.

Messrs. Tisei, Tarr, Knapik, Hedlund and Brown moved to amend the bill by inserting at the end thereof the following new section:—
“SECTION 4. Chapter 29 of the General Laws, as appearing in the 2006 official edition, is hereby amended by inserting after section 5B the following new section:—
Section 5B½. Estimates of total revenues from the operation of the state lottery.
Section 5B½. On or before October fifteenth, January fifteenth and April fifteenth of each fiscal year the treasurer shall prepare and submit to the governor, to the house and senate committees on ways and means, and house and senate clerks revised estimates of revenue anticipated to be received from the operation of the lottery. Included in said report shall be the revenues received by quarter, the anticipated impact of those receipts on the previous projections and the potential impact to aid payments to cities and towns previously set forth in section three of that fiscal year’s general appropriations act; unless, in his opinion, no significant change in his previous estimates of total available revenues is indicated by information then available to him, and he shall accompany his revised estimates with explanations of any changes in his estimates for specific sources of revenue.
Said treasurer shall also make such information available on or soon after the aforementioned dates to the general public through publication on the official website of the Commonwealth in such a manner that is easily identifiable and conspicuously located.
After debate, the amendment was rejected.
The bill, as amended, was then ordered to a third reading and read a third time.

Pending the question on passing the bill to be engrossed, Mr. Augus­tus moved to amend the bill by inserting before the enacting clause the following emergency preamble:—
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to provide supplemental funding for low-income home energy assistance and to further regulate mortgage lending practices, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”
The amendment was adopted.
After remarks, the question on passing the bill to be engrossed, in concurrence, with the amendments, was determined by a call of the yeas and nays, at one minute past three o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 37 — nays 0) [Yeas and Nays No. 133]:

YEAS.
Antonioni, Robert A. Menard, Joan M.
Augustus, Edward M., Jr. Montigny, Mark C.
Baddour, Steven A. Moore, Richard T.
Berry, Frederick E. Morrissey, Michael W.
Brewer, Stephen M. O’Leary, Robert A.
Brown, Scott P. Pacheco, Marc R.
Buoniconti, Stephen J. Panagiotakos, Steven C.
Candaras, Gale D. Petruccelli, Anthony
Chandler, Harriette L. Resor, Pamela
Creedon, Robert S., Jr. Rosenberg, Stanley C.
Creem, Cynthia Stone Spilka, Karen E.
Downing, Benjamin B. Tarr, Bruce E.
Fargo, Susan C. Timilty, James E.
Galluccio, Anthony D. Tisei, Richard R.
Hart, John A., Jr. Tolman, Steven A.
Hedlund, Robert L. Tucker, Susan C.
Jehlen, Patricia D. Walsh, Marian
Joyce, Brian A. Wilkerson, Dianne — 37.
Knapik, Michael R.
NAYS — 0.
ABSENT OR NOT VOTING.
McGee, Thomas M. — 1.

The yeas and nays having been completed at five minutes past three o’clock P.M., the bill was passed to be engrossed, in concurrence, with the amendments, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act making an appropriation for the fiscal year 2008 to provide supplemental funding for a low income home energy assistance program”.
Sent to the House for concurrence in the amendments.

PAPER FROM THE HOUSE.
Engrossed Bill — Land Taking for Conservation, Etc.

An engrossed Bill relative to a certain parcel of land and an easement thereon in the city of Marlborough (see House, No. 4190) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at six minutes past three o’clock P.M., as follows, to wit (yeas 37 nays 0) [Yeas and Nays No. 134]:

YEAS.
Antonioni, Robert A. Menard, Joan M.
Augustus, Edward M., Jr. Montigny, Mark C.
Baddour, Steven A. Moore, Richard T.
Berry, Frederick E. Morrissey, Michael W.
Brewer, Stephen M. O’Leary, Robert A.
Brown, Scott P. Pacheco, Marc R.
Buoniconti, Stephen J. Panagiotakos, Steven C.
Candaras, Gale D. Petruccelli, Anthony
Chandler, Harriette L. Resor, Pamela
Creedon, Robert S., Jr. Rosenberg, Stanley C.
Creem, Cynthia Stone Spilka, Karen E.
Downing, Benjamin B. Tarr, Bruce E.
Fargo, Susan C. Timilty, James E.
Galluccio, Anthony D. Tisei, Richard R.
Hart, John A., Jr. Tolman, Steven A.
Hedlund, Robert L. Tucker, Susan C.
Jehlen, Patricia D. Walsh, Marian
Joyce, Brian A. Wilkerson, Dianne — 37.
Knapik, Michael R.
NAYS — 0.
ABSENT OR NOT VOTING.
McGee, Thomas M. — 1.

The yeas and nays having been completed at eight minutes past three o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Governor for his approbation.

Orders of the Day.

The Orders of the Day were considered, as follows:

The Senate Bill relative to members of the Executive Council (Senate, No. 2332),— was considered the main question being on ordering the bill to a third reading.
The pending amendment previously moved by Messrs. Tisei and Hedlund striking the text in its entirety and inserting in place thereof the following new text:—
“Section 4(c) of chapter 268A of the general laws, as appearing in the 2006 official edition is hereby amended by inserting at the end thereof the following:— “No member of the executive council may make an appearance in a representative capacity, for compensation, before a court of the commonwealth.”,— was considered; and, after debate, the amendment was rejected.
Messrs. Tisei, Tarr, Hedlund and Brown moved to amend the bill by striking out all after the enacting clause and inserting in place thereof the following text:—
“SECTION 1. Section 4 of chapter 268A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out paragraph (c) and inserting in place thereof the follow­ing paragraph:—
“(c) No state employee shall, otherwise than in the proper discharge of his official duties, act as agent or attorney for anyone other than the commonwealth or a state agency for prosecuting any claim against the commonwealth or a state agency, or as agent or attorney for anyone in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest.
Whoever violates any provision of this section shall be punished by a fine of not more than $3,000 or by imprisonment for not more than 2 years, or both.
A member of the general court shall not be subject to paragraphs (a) or (c). However, no member of the general court shall personally appear for any compensation other than his legislative salary before any state agency, unless:
(1) the appearance is before a court of the commonwealth; or
(2) the appearance is in a quasijudicial proceeding.
For the purposes of this paragraph, a proceeding shall be considered quasi-judicial if both sides are entitled to representation by counsel and such counsel is neither the attorney general nor the counsel for the state agency conducting the proceeding. A proceeding shall not be considered quasi-judicial if the appearance is before a state agency which is an adjudicatory body or is made in connection with a particular matter before a state agency.”
Mr. Rosenberg in the Chair, after debate, the question on adoption of the amendment was determined by call of the yeas and nays, at two minutes past four o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 5 — nays 25) [Yeas and Nays No. 135]:

YEAS.
Brown, Scott P. Tarr, Bruce E.
Hedlund, Robert L. Tisei, Richard R. — 5.
Knapik, Michael R.
NAYS.
Augustus, Edward M., Jr. Moore, Richard T.
Brewer, Stephen M. O’Leary, Robert A.
Buoniconti, Stephen J. Pacheco, Marc R.
Candaras, Gale D. Petruccelli, Anthony
Chandler, Harriette L. Resor, Pamela
Creedon, Robert S., Jr. Rosenberg, Stanley C.
Downing, Benjamin B. Spilka, Karen E.
Fargo, Susan C. Timilty, James E.
Galluccio, Anthony D. Tolman, Steven A.
Hart, John A., Jr. Tucker, Susan C.
Joyce, Brian A. Walsh, Marian
Menard, Joan M. Wilkerson, Dianne — 25.
Montigny, Mark C.
ANSWERED “PRESENT”.
Antonioni, Robert A. Morrissey, Michael W.
Baddour, Steven A. Panagiotakos, Steven C. — 5.
Creem, Cynthia Stone
ABSENT OR NOT VOTING.
Berry, Frederick E. McGee, Thomas M. — 3.
Jehlen, Patricia D.

The yeas and nays having been completed at eight minutes past four o’clock P.M., the amendment was rejected.

After further remarks, the question on ordering the bill to a third reading was determined by a call of the yeas and nays, at twelve minutes past four o’clock P.M., on motion of Mr. Hedlund, as follows, to wit (yeas 27 — nays 5) [Yeas and Nays No. 136]:

YEAS.
Antonioni, Robert A. Candaras, Gale D.
Augustus, Edward M., Jr. Chandler, Harriette L.
Baddour, Steven A. Creedon, Robert S., Jr.
Brewer, Stephen M. Downing, Benjamin B.
Buoniconti, Stephen J. Fargo, Susan C.
Hart, John A., Jr. Panagiotakos, Steven C.
Joyce, Brian A. Petruccelli, Anthony
Knapik, Michael R. Resor, Pamela
Menard, Joan M. Rosenberg, Stanley C.
Montigny, Mark C. Spilka, Karen E.
Moore, Richard T. Tolman, Steven A.
Morrissey, Michael W. Walsh, Marian
O’Leary, Robert A. Wilkerson, Dianne — 27.
Pacheco, Marc R.
NAYS.
Brown, Scott P. Tisei, Richard R.
Hedlund, Robert L. Tucker, Susan C. — 5.
Tarr, Bruce E.
ANSWERED “PRESENT”.
Creem, Cynthia Stone Timilty, James E. — 3.
Galluccio, Anthony D.
ABSENT OR NOT VOTING.
Berry, Frederick E. McGee, Thomas M. — 3.
Jehlen, Patricia D.

The yeas and nays having been completed at a quarter past four o’clock P.M., the bill was ordered to a third reading.
There being no objection, the rules were suspended, on motion of Mr. Brewer, and the bill was read a third time and passed to be engrossed.
Sent to the House for concurrence.

Matter Taken Out of the Notice Section of the Calendar.

There being no objection, the following matter was taken out of the Notice Section of the Calendar and considered as follows:
The House Bill authorizing the town of Needham to construct and maintain a common sewer through land acquired for conservation purposes (House, No. 4121),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Reports of a Committee.

Mr. Downing, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The Senate Bill relative to lung cancer awareness month (Senate, No. 1871).
There being no objection, the rules were suspended, on motion of Ms. Wilkerson, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on bills in the Third Reading to read as follows: “An Act designating the month of November as Lung Cancer Awareness Month.” .
Sent to the House for concurrence.

Mr. Downing for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The Senate Bill authorizing cities, towns, and regional districts to send certain information to registered voters (Senate, No. 2387) (the committee on Ethics and Rules having recommended that the bill be amended by substituting a new draft with the same title (Senate, No. 2409).
There being no objection, the rules were suspended, on motion of Mr. Augustus, and the bill was read a second time and was amended, as recommended by the committee on Ethics and Rules.
The bill (Senate, No. 2409) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

Mr. Downing, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The House Bill relative to the Grafton and South Grafton water districts (House, No. 4241).
There being no objection, the rules were suspended, on motion of Mr. Augustus, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Mr. Downing, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The House Bill relative to the assessment of taxes in the town of Uxbridge (House, No. 4345).
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.
Engrossed Bills.

The following engrossed bills (both of which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the Acting President (Mr. Rosenberg) and laid before the Governor for his approbation, to wit:

Relative to the annual observance of Leopoldville Disaster Remem­brance Day (see Senate, No. 1873, amended); and.
Further regulating certain appliances (see Senate, No. 1964).

Order Adopted.

On motion of Mr. Tisei,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

On motion of the same Senator, at twenty-two minutes past four o’clock P.M., the Senate adjourned to meet on the following day at eleven o’clock A.M.